The High Court judge in Kampala on Tuesday dismissed the application by the National Unity Platform (NUP) leader Robert Kyagulanyi famously known as Bobi Wine that was seeking a temporary injunction restraining Uganda Revenue Authority (URA) from recalling his armored car.
In February this year, Bobi Wine declared on social media that his supporters had bought him an armored vehicle.
However, few days after he had displayed his vehicle motor vehicle Registration number UBF 667 F Toyota Land Cruiser V8, URA, the Commissioner for Customs Abel Kagumire wrote a letter to him demanding him to surrender the said motor vehicle for re-examination.
Kagumire noted that their findings revealed the fact that Bobi Wine’s armored vehicle was not properly examined during their assessment exercise.
Bobi Wine took Kagumire’s move as political persecution by the state and through his lawyers Wameli and Company Advocates, he petitioned the High Court challenging the decision by the URA to recall his vehicle for a verification process.
In his petition in March, the former presidential candidate asked Court to restrain URA, its agents, servants or persons working with and under it from arbitrarily, unilaterally, illegally and unlawfully impounding, or otherwise possessing his motor vehicle until the final determination of the head suit.
Nevertheless while reading the ruling on Tuesday, Justice Emmanuel Baguma noted that an injunction will not be granted unless the applicant has shown that he will suffer an irreparable injury which would not adequately be compensated by an award of damages.
“It is, therefore, my considered view that the applicant has not adduced evidence to show that the re-calling of the said motor vehicle for re-verification/re-examination will cause him an irreparable injury which cannot be compensated by an award of damages. From this information, it is not in dispute that the purpose of recalling the motor vehicle is strictly for re-verification/re-examination. At this stage, the law does not require Court to delve into the merits of the main suit. All that is required to be proved is that there is a serious issue to be tried by Court and that, that issue is neither frivolous nor vexatious,” he ruled.
Justice Baguma added that Bobi Wine’s lawyers failed to convince the honourable court that the said motor vehicle is his main means of transport and his security.
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