Wakilii

Kare Distribution and Another v African Rivers Fund (Miscellaneous Application 1271 of 2023)

High Court · [2023] UGCOMMC 48 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for certificate of urgency to hear an injunction application during court vacation
Decision
Application dismissed; applicants directed to fix matter before the allocated trial judge after vacation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court refused to issue a certificate of urgency to hear an injunction application during court vacation. The advertised sale of property was scheduled for 4 September 2023, after the court vacation ending 15 August 2023, so the sale was not imminent during vacation. The allocated trial judge would return from leave on 16 August 2023 and could hear the matter then.

Outcome

Application dismissed; applicants directed to fix matter before the allocated trial judge after vacation

Facts

The applicants filed an ex parte application seeking a certificate of urgency to hear Miscellaneous Application No. 1270 of 2023 during court vacation. The application arose from Counter Claim No. 700 of 2019 which had been allocated for hearing before the court on 25 October 2022 but had not been prosecuted. On 4 August 2023, the respondent advertised property for sale, which was the subject of a loan the respondent sought to recover in the counter claim. The applicants sought to stop the sale, arguing it would amount to double recovery. The advertisement indicated the property would be sold after 21 working days from 4 August 2023, meaning the sale date would be 4 September 2023.

Issues

  1. Whether there is urgency for the court to hear Miscellaneous Application No. 1270 of 2023 during court vacation.
  2. What other remedies are available to the parties?

Orders

  • Certificate of urgency to hear Miscellaneous Application No. 1270 of 2023 during court vacation refused.
  • Applicants advised to attend the chambers of the Hon. Lady Justice Anna B. Mugenyi to fix Miscellaneous Application No. 1270 of 2023 for hearing as soon as possible.
  • No order as to costs.

Rules and key headnotes

Court Vacation — Certificate of Urgency — Requirements
A certificate of urgency to hear a matter during court vacation will not be issued where the event sought to be prevented is not imminent during the vacation period and the allocated trial judge will be available immediately after vacation ends.

Legislation cited (4)

Full judgment

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

Kare Distribution and Another v African Rivers Fund (Miscellaneous Application 1271 of 2023) [2023] UGCommC 48 (9 August 2023)
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.