Court to Annex “R1” a convention in transit trade principle 4 to which Uganda is a
signatory.
He further submitted that, the respondent is responsible for customs services in
Uganda and has to respect the convention. That the respondent has to allow goods
from Kenya to transit freely through Uganda to South Sudan and that that is what it
has been doing. Counsel for the respondent submitted that there is no contrary
evidence that this instrument does not apply to Uganda. Counsel for the
respondent submitted that the respondent Authority only allowed goods through
Uganda where permits existed to export to Southern Sudan.
Counsel for the respondent submitted that there was no more smuggling into the
Arua area of the said cigarettes and therefore the applicants could rely on this
argument.
As to irreparable loss the learned counsel for the respondent submitted that when
the respondent tried to stop the transit, the Kenyan government threatened a
blockade on Uganda in retaliation and that this goes also to balance of
convenience. He then concluded that, should court be inclined to grant this
Temporary injunction then Court should not award costs against the respondent as
it was just following the international convention and as such needs protection on
any consequences.
I have addressed my mind to the motion and the affidavits for and against it and
the submission of both learned counsels for which I am grateful.