Kabaliisa Jane Dodo and Another v Kaliisa Bright Michael (Miscellaneous Application No. 244 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the application for a Certificate of Urgency, holding that the applicants failed to demonstrate exceptional circumstances warranting judicial intervention during court vacation. An administrative order was already in place restricting dealings with estate property, court vacation was ending imminently, and the issues raised were not irreparable as damages could compensate either party.
Outcome
Application for Certificate of Urgency dismissed
Facts
The applicants, administrators of an estate, sought a Certificate of Urgency to enable the court to determine two pending miscellaneous applications during court vacation. The applications arose from a civil suit filed by the respondent seeking cancellation of letters of administration. The respondent had filed applications for an injunction and interim order, and an administrative order was issued restricting dealings with estate property pending a locus visit scheduled for 18 September 2025. The applicants alleged the respondent sold estate land and brought cattle onto farmland, causing overcrowding and starvation of estate cattle. They also claimed a beneficiary faced financial hardship due to halted dealings. The respondent argued there was no urgency as court vacation ended on 15 August 2025 and parties had agreed to the locus visit date.
Issues
- Whether the applicants demonstrated special circumstances warranting the issuance of a Certificate of Urgency during court vacation.
- Whether there was imminent danger to estate property or irreparable harm justifying expedited determination of pending applications.
Orders
- Application dismissed.
- Costs to follow the main suit.
Rules and key headnotes
Legislation cited (4)
- Judicature Act Cap. 16 s.33
- Civil Procedure Act Cap. 282 s.98
- Judicature (Court Vacation) Rules SI. 13-20 r.3
- Judicature (Court Vacation) Rules SI. 13-20 r.4
Cases cited (1)
- Nakato Sarah and Another v James Busonga and 2 Others (COACA No. 664 of 2023)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.