Katungye v Centenary Rural Development Bank Ltd & Ors (Miscellaneous Application No. 184 of 2013)
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 for a related interim order application to be heard during court vacation where the applicant faced imminent eviction from his land, which had been advertised for sale by a bank and auctioneer. The court was satisfied that the threat of eviction and substantial loss constituted good reason for urgent certification.
Outcome
Application for certificate of urgency granted; related application to be heard during court vacation
Facts
The applicant, Alex Katungye, owned land comprised in Block 225, Plot 174 at Kyaliwajala, Kyadondo, measuring 0.081 hectares, which he purchased in 2001. The first respondent, Centenary Rural Development Bank Ltd, and the second respondent, Benjo General Auctioneers & Court Bailiffs, advertised the applicant's land for sale in Bukedde newspaper on 18 July 2013, ordering him to vacate within 14 days. The applicant filed Civil Suit No. 184 of 2013 claiming that the land was wrongfully and illegally mortgaged without his consent or authority. The applicant filed Miscellaneous Application No. 370 of 2013 seeking an interim order, and then brought this application seeking certification of that matter as urgent so it could be heard during court vacation. The applicant faced imminent threats of eviction.
Issues
- Whether Miscellaneous Application No. 370 of 2013 should be certified as a matter of urgency to be heard during court vacation.
Orders
- Miscellaneous Application No. 370 of 2013 certified as a matter of urgency.
- Miscellaneous Application No. 370 of 2013 to be heard during court vacation.
Legislation cited (4)
- Civil Procedure Act Cap. 71 s.98
- Judicature (Court Vacation) Rules S.I. No. 13-20 r.4
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.