Wakilii

Kakooza Sulaiman v Wakiso District Local Government (Miscellaneous Application No. 333 of 2025)

High Court · [2025] UGHC 760 · 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 interim injunction application during court vacation
Decision
Certificate of urgency granted; interim injunction 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 High Court granted a certificate of urgency under Rule 4 of the Judicature (Court Vacation) Rules, finding that the applicant faced imminent threat of unlawful eviction and demolition of structures by the respondent during court vacation. The court held that the circumstances established imminent danger to existing rights and possibility of irreparable harm, warranting urgent consideration of the interim injunction application during vacation to prevent the application from being rendered nugatory.

Outcome

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

Facts

The applicant owns land at Kiteemu stage along Masaka Road. The respondent is implementing a road widening project affecting the applicant's land. Two weeks before the application, the contractor China Railway Seventh Group planted poles and mark stones on the applicant's land. On 9th and 10th July 2025, announcements were made that demolition would start soon followed by evictions. The respondent, through the LC1 Chairman, informed affected persons that there would be no compensation. The applicant sought a certificate of urgency to have an interim injunction application heard during court vacation to prevent imminent eviction and demolition.

Issues

  1. Whether the application for a certificate of urgency should be granted to allow Miscellaneous Application No. 332 of 2025 to be heard during court vacation.

Orders

  • A certificate of urgency is granted pursuant to Rule 4 of the Judicature (Court Vacation) Rules SI 13-20.
  • The Deputy Registrar is directed to fix Miscellaneous Application No. 332 of 2025 for hearing during court vacation.
  • The Deputy Registrar shall ensure that the applicant notifies and serves the relevant court process on the respondent.
  • Costs of the application shall abide the outcome of the main cause.

Rules and key headnotes

Court Vacation — Certificate of Urgency — Test for Urgency
To be treated as urgent under Rule 4 of the Judicature (Court Vacation) Rules, an applicant must establish imminent danger to existing rights and the possibility of irreparable harm.
Court Vacation — Certificate of Urgency — Imminent Eviction and Demolition
Where an applicant faces imminent threat of unlawful eviction and demolition of structures during court vacation, and the respondent has already planted poles and mark stones indicating imminent action, a certificate of urgency should be granted to prevent the interim injunction application from being rendered nugatory.

Legislation cited (3)

Full judgment

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Kakooza Sulaiman v Wakiso District Local Government (Miscellaneous Application No. 333 of 2025) [2025] UGHC 760 (18 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.