Alcon International Limited v The New Vision Publishing Co.Ltd, The Editor In Chief,New Vision & Sunday Vision ((Civil App.No.4 Of 2010)) [2010] UGSC 4 (30 June 2010);


Search Summary: 

The applicant sought an interim order restraining the respondents
from publishing or printing any matter relating to the Civil Appeal in
which the applicant was a respondent and still pending before the
Supreme court, until the substantive application for a permanent
injunction, was heard and determined. On the ground that that the
publications were prejudicial not only to the applicant but also to the

proceedings in the pending appeal.
Court considered whether the application was properly before it.

Headnote and Holding: 

The Supreme Court was of the view that there is no any specific rule
which empowers it, or any other court, to grant an interim injunction
restraining a non - party News Paper from publishing prejudicial
opinion on a case pending before the court. However that every
court has inherent powers to make any order as may be necessary
for achieving the ends of justice or to prevent abuse of its process.
It was held that the application of inherent power is not limited to
only parties. That the inherent powers are wide enough to cover
even non-party News Paper that engage in publishing prejudicial
opinion on a party to or in respect of proceedings that are subjudice.
That in such a situation the court exercises that power to achieve the
ends of justice.
Accordingly court granted the application upon satisfaction that
there was a pending appeal and a substantive application seeking a
permanent injunction order restraining the respondents from
carrying out their threat to further publish the matters complained
of. That It was important at this stage to avoid rendering the pending
substantive application nugatory when heard. Therefore court
ordered the respondents to stop publishing in the print media any
matter prejudicial to the applicant in respect of Civil Appeal which
was subjudice until the pending substantive application was heard
and determined.


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