Wakilii

Bukenya Matthias v Finance Trust Bank Limited and Another (Miscellaneous Application No.966 of 2022)

High Court · [2022] UGCOMMC 197 · 2022 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 injunction applications during court vacation
Decision
Certificate of urgency granted to permit hearing of injunction applications 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 to hear pending injunction applications during court vacation. The applicant established imminent danger to his legal interest and physical possession of his registered property following an advertised sale by the respondents. Given the direct threat to the applicant's property rights and the existence of pending injunctive relief applications, the matter warranted urgent hearing during vacation.

Outcome

Certificate of urgency granted to permit hearing of injunction applications during court vacation

Facts

The applicant is the registered proprietor of leasehold property comprised in LRV 4306 Folio 7, Busiro Block 419, Plot 311 at Kawuku measuring 0.0910 hectares. The property was advertised for sale by the 2nd respondent in the Saturday Monitor newspaper of 18 June 2022 on instructions of the 1st respondent on grounds that the applicant was indebted to it. The applicant filed Civil Suit No. 604 of 2022 against the respondents and applications for interim and temporary injunctions (MA No. 965 of 2022 and MA No. 963 of 2022) to restrain the respondents from dealing with the suit land. The advert of sale indicated the sale would expire in 30 days. The applicant sought a certificate of urgency to have the injunction applications heard during court vacation.

Issues

  1. Whether a certificate of urgency should be issued to permit the hearing of applications for interim and temporary injunctions during court vacation.

Orders

  • Application granted.
  • Certificate of urgency issued for the hearing of Miscellaneous Application No. 965 of 2022 and Miscellaneous Application No. 963 of 2022 during court vacation.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Requirements
An applicant seeking a certificate of urgency must explicitly set out the circumstances rendering the matter urgent and the reason why substantial relief cannot be afforded in a hearing after vacation, calling for the rules restricting civil proceedings during High Court vacation to be dispensed with.
Civil Procedure — Certificate of Urgency — Test for Urgency — Imminent Danger and Irreparable Harm
Urgency does not only relate to threats to life and liberty; urgency of commercial interests may justify approaching the court on an urgent basis. To be treated as urgent, the applicant must establish imminent danger to existing rights and possibility of irreparable harm.
Land & Property — Mortgages and Charges — Threatened Sale — Certificate of Urgency
Where a registered proprietor's property is advertised for sale by a mortgagee or its agents and the proprietor has filed suit challenging the sale with pending applications for injunctive relief, a direct threat to legal interest and physical possession is established, warranting the grant of a certificate of urgency to hear the injunction applications during court vacation.

Legislation cited (5)

  • Civil Procedure Act
  • Judicature (Court Vacation) Rules r.3
  • Judicature (Court Vacation) Rules r.4
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.2

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Bukenya Matthias v Finance Trust Bank Limited and Another (Miscellaneous Application No.966 of 2022) [2022] UGCommC 197 (21 July 2022)
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.