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Court Issues Injunction In Ivory Case :: Uganda Radionetwork
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Court Issues Injunction In Ivory Case

The Court of Appeal has granted an injunction to stay the return of 832 pieces of ivory to Congolese businessman Kayumba Emile Ogane.

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The Court of Appeal has granted an injunction to stay the return of 832 pieces of ivory to Congolese businessman Kayumba Emile Ogane.

 

The injunction was granted by Justice Kenneth Kakuru to the Uganda Revenue Authority until a substantial appeal has been filed by the tax body.

 

Kakuru in his judgement noted that he has been convinced that special circumstances exist for the injunction to be granted. Key among the circumstances is that the ivory which was impounded by URA when released is likely to leave the jurisdiction of Uganda and that URA will not be able to enforce any decision taken by the court after the appeal has been heard.

 

The other consideration was the criminal proceedings which were lodged against the owners of the ivory Emile Ogane and Owino Odhiambo at Buganda Road Court 

 

The 2.9 tonnes consignment has raised eye-brows over the trade of ivory in the region.

 

The ivory was impounded at the inland depot in Bweyogerere in October last year after being concealed and passed through the Bunagana border Post as coffee seeds.

 

Following its impounding, a Congolese national Emile Ogane claimed the ivory and instituted proceedings in the High Court for its release. Last month, High Court Judge Masalu Musene ruled in favour of the businessman and URA was ordered to release the ivory.

 

However, Police, Uganda Wildlife Authority and URA have since vowed to fight to retain the ivory. URA has not yet filed an appeal over the matter but has furnished court with a notice of appeal to the motion.

 

Ogane and Odhiambo are still at large despite the arrest warrants that were issued for their arrest.

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