Asiimwe Charity Ruth v Ssenyonjo James Douglas and Others (Miscellaneous Application No. 353 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted a certificate of urgency to hear an application for stay of execution during court vacation. The court found the application satisfied the requirements under the Civil Procedure Act and Judicature (Court Vacation) Rules, as the underlying application to set aside a consent judgment and stay execution would be rendered nugatory if not heard urgently.
Outcome
Certificate of urgency issued; related application to be heard during court vacation
Facts
The applicant filed Miscellaneous Application No. 0351 of 2025 seeking stay of execution arising from Civil Suit No. 458 of 2025. The applicant had also filed Miscellaneous Application No. 0350 of 2025 to set aside a consent judgment. The applicant sought a certificate of urgency to have the stay application heard during court vacation, arguing that delay would render the application nugatory and cause substantial loss. The application was brought ex parte under Section 98 of the Civil Procedure Act, Order 52 Rules 1 and 2 of the Civil Procedure Rules, and Rule 4 of the Judicature (Court Vacation) Rules.
Issues
- Whether a certificate of urgency should be issued to hear Miscellaneous Application No. 0351 of 2025 during court vacation.
Orders
- A Certificate of Urgency doth issue to hear Miscellaneous Application No. 0351 of 2025 during court vacation.
- Costs of the application be in the cause.
Legislation cited (4)
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Judicature (Court Vacation) Rules r.4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.