Wakilii

Kasoma Ali Mutyaba and Another v Kaddu Kiberu and Others (Miscellaneous Application No. 337 of 2025)

High Court · [2025] UGHC 759 · 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 and temporary injunction applications during court vacation
Decision
Certificate of urgency granted; substantive injunction applications to be heard during court vacation

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

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 High Court granted a certificate of urgency under Rule 4 of the Judicature (Court Vacation) Rules to hear applications for interim and temporary injunctions during court vacation. The court found imminent danger of irreparable harm where respondents had deployed builders to construct a fence and placed armed gunmen on disputed land, threatening to evict applicants and render the pending injunction applications nugatory.

Outcome

Certificate of urgency granted; substantive injunction applications to be heard during court vacation

Facts

The applicants filed Miscellaneous Applications No. 319 and 318 of 2025 arising from Civil Suit No. 722 of 2025 seeking interim and temporary injunctions to restrain respondents from trespassing on land comprised in Busiro Block 277 Plot 4670 at Kigoma measuring approximately 6.5 acres. The respondents deployed builders to construct a fence foundation on the suit land and placed private armed gunmen to deter applicants from accessing the land. Despite police and security agency intervention, respondents continued harassment with the intention of forcing applicants off the land. The applicants sought a certificate of urgency to have their injunction applications heard during court vacation to prevent irreparable damage from continued interference with the suit property.

Issues

  1. Whether a certificate of urgency should be issued to hear Miscellaneous Applications No. 319 and 318 of 2025 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. 319 of 2025 for interim injunction and Miscellaneous Application No. 318 of 2025 for temporary injunction for hearing.
  • The Deputy Registrar is to ensure that the Applicants notify and serve the relevant court process on the respondents.
  • Costs of this application are to be provided for.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Test for Urgency
To be treated as urgent during court vacation, applicants must establish imminent danger to existing rights and the possibility of irreparable harm requiring speedy action or attention.
Civil Procedure — Court Vacation — Certificate of Urgency — Circumstances Justifying Grant
Where respondents have deployed builders to construct a fence and placed armed gunmen on disputed land threatening to evict applicants before pending injunction applications can be heard, a certificate of urgency should be granted to prevent the applications from being rendered nugatory.

Legislation cited (4)

Full judgment

↓ Download PDF

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

Kasoma Ali Mutyaba and Another v Kaddu Kiberu and Others (Miscellaneous Application No. 337 of 2025) [2025] UGHC 759 (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.