Christopher Olobo and Bencher Investments & Trading Co. Ltd v Cairo Bank Uganda Limited and Eric Moro Olobo (Miscellaneous Application No. 919 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that a certificate of urgency should be granted where applicants demonstrate imminent danger to existing rights and possibility of irreparable harm. The applicants established a direct threat to their legal interest in properties advertised for sale by the respondent bank, with a pending injunction application not yet heard. Urgency of commercial interests may justify approaching court on urgent basis during vacation.
Outcome
Certificate of urgency granted to hear injunction application during court vacation
Facts
The applicants filed HCCS No. 544 of 2022 seeking a permanent injunction restraining the first respondent from interfering with two properties: LRV 2628 Folio 24 Plot 1 Ntinda View Crescent Kampala and LRV 1322 Folio 3 Plot 2 Kome Crescent Kampala. On 12 January 2022, the second applicant received a demand notice from the first respondent alleging default on a loan facility secured by the properties. The applicants denied obtaining any loan and alleged fraud by the second respondent, a director of the second applicant. On 27 April 2022, the applicants received a notice of sale, and on 23 June 2022, the properties were advertised for sale in Daily Monitor. The applicants filed MA 858 of 2022 for a temporary injunction, which had not been heard. They then sought a certificate of urgency to have the injunction application heard during court vacation.
Issues
- Whether a certificate of urgency should be granted to hear Miscellaneous Application No. 858 of 2022 during court vacation.
Orders
- Application granted.
- Certificate of urgency issued for hearing of Miscellaneous Application No. 858 of 2022 during court vacation.
- No order as to costs.
Rules and key headnotes
Legislation cited (3)
- Judicature Act Cap 13 s.33
- Civil Procedure Act s.98
- Judicature (Court Vacation) Rules S.I 13-20 r.4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.