Wakilii

Alice Nabaasa Kahinda v David Nabaasa Nshekanabo and Another (Miscellaneous Application No. 1647 of 2025)

High Court · [2025] UGCOMMC 254 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for certificate of urgency to hear related application during court vacation
Decision
Certificate of urgency granted; related application to be heard during court vacation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a certificate of urgency for an application to stay execution of an eviction notice to be heard during court vacation. The applicant established an imminent threat of eviction while the main suit and related applications remained pending, satisfying the requirement that the matter be of an urgent nature under the Judicature (Court Vacation) Rules.

Outcome

Certificate of urgency granted; related application to be heard during court vacation

Facts

The applicant instituted a suit against the respondents concerning land comprised in Kyadondo Block 206 Plot 1519 at Mpererwe. She filed applications for temporary and interim injunctions to halt eviction and sale notices. An interim injunction was granted on condition of depositing 30% of outstanding loan sums. The applicant appealed the conditional order through Civil Reference No. 0003 of 2024, which was dismissed. She then filed an application for leave to appeal (Misc. Applic. No. 1497 of 2025), still pending. Despite the pending main suit and applications, the 2nd respondent issued a fresh eviction notice threatening to dispossess the applicant within 14 days. The applicant filed an application to stay execution of the eviction notice (Misc. Applic. No. 1645 of 2025) and sought a certificate of urgency to have it heard during court vacation.

Issues

  1. Whether the Applicant is entitled to the remedies sought?

Orders

  • A certificate of urgency is granted in Misc. Applic. No. 1645 of 2025 to be heard during Court vacation.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Test for Urgency
Under Rule 4 of the Judicature (Court Vacation) Rules, the court may deal with civil business during vacation only where such business is, in the opinion of the presiding judge, of an urgent nature, with 'urgent' meaning something requiring or compelling speedy action or attention.
Civil Procedure — Certificate of Urgency — Imminent Threat of Execution — Pending Main Suit
Where an eviction notice creates an imminent threat of execution while the main suit and related applications remain pending, and failure to grant urgent hearing would render the applications and main suit nugatory, a certificate of urgency should be granted to hear the application for stay of execution during court vacation.

Legislation cited (4)

Cases cited (1)

Full judgment

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Alice Nabaasa Kahinda v David Nabaasa Nshekanabo and Another (Miscellaneous Application No. 1647 of 2025) [2025] UGCommC 254 (28 July 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.