The FDC faction that sits at Katonga road has lost a bid to block today's delegates conference organized by the faction at Najjankumbi.
The FDC national chairperson, Wasswa Birigwa and 27 others on Wednesday ran to the High Court seeking orders to block the Najjanankumbi delegates conference that they said would see them loses their positions in the party.
They asked court to issue a temporary injunction halting today's delegates conference but also conducting of elections for members of the FDC National Executive Committee at the same conference.
However, in a ruling delivered on Thursday, Justice Musa Ssekaana said the application by Birigwa and 27 others has no merit and consequently dismissed it.
"The applicants had a duty to satisfy the court that in the special circumstance of the case they are entitled to the relief of temporary injunction which in my view they have failed to discharge. This application fails on the preliminary considerations set out herein and also on the grounds adumbrated for the grant of temporary of temporary injunction. The court would not in any event have granted any orders which would have affected party FDC when it is not a party," Justice Ssekaana said.
In their application for a temporary injunction, the Katonga faction reasoned that being NEC members in FDC, allowing the delegates conference would see them lose their positions.
However, the judge watered down this argument saying that they constitute a small number of the National Executive Committee of FDC and that their interests cannot be allowed to override those for other party members.
"The interests of the applicants must be weighed against the general membership of the party and they do not have overriding interests against the others members. The potential positions or numbers of the membership of NEC is not mentioned, but the applicants are 27 members as against the number which the respondent has mentioned of 76 for the National Executive Committee. This implies that applicants are just 35% of the NEC and this would be against the majority membership and the entire party membership. The right of the applicants to be protected has to be weighed against the corresponding need for the respondent to ensure that he exercises his mandate as granted by the party constitution and other party structures," Justice Ssekaana said.
In bad faith
The judge said the application for a temporary injunction blocking today's delegates conference at Najjanankumbi was brought in bad faith by the Katonga faction.
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Ssekaana questioned why it came only two days to the delegates conference and not before.
"The applicants have offered no explanation as to why they decided to file an application for temporary injunction on October, 3 2023, two days to the function or conference-. The applicants were trying to stampede the court with applications for interim within such a short time. A delay in filing of an application is equally a strong ground to deny a temporary injunction since it is a discretionary and equitable remedy."
"In the result for the reasons stated herein above this application has no merit and is hereby dismissed with no order as to costs."
The court ruling means the delegates conference at Najjanakumbi will go on as scheduled and new NEC members will be elected.
It is highly anticipated that members of the Katonga faction who are currently NEC members will be voted out of these positions.
