Wakilii

Katungye v Goldmine Finance Ltd (H.C.Miscellaneous Application No. 966 of 2021)

High Court · [2021] UGCOMMC 89 · 2021 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 temporary injunction application during court vacation
Decision
Certificate of urgency granted; matter to proceed to hearing of temporary injunction application

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 to allow an application for a temporary injunction to be heard during court vacation. The court found that the matter qualified as urgent under Rule 4 of the Judicature (Court Vacation) Rules, given that the respondent had advertised the suit property for imminent sale and courts were not fully operational due to a Covid-19 lockdown. Failure to hear the injunction application would render it nugatory and occasion injustice to the applicant.

Outcome

Certificate of urgency granted; matter to proceed to hearing of temporary injunction application

Facts

The applicant owned land comprised in Mengo Block No. 10 Plot No. 1171 at Bukesa Hill Kampala. He obtained a loan from the respondent and defaulted on repayment due to the Covid-19 pandemic. After the respondent failed to respond to requests to reconcile figures, the applicant filed Civil Suit No. 305 of 2021 and a pending application for a temporary injunction (M.A No. 965 of 2021). During court vacation and a Covid-19 lockdown that rendered courts not fully operational, the respondent advertised the property for sale with the sale scheduled for 21 July 2021. The applicant brought an ex parte application for a certificate of urgency to enable the court to hear the temporary injunction application during the vacation period before the sale could proceed.

Issues

  1. Whether a certificate of urgency should be granted to enable the court to hear an application for a temporary injunction during court vacation.

Orders

  • Certificate of urgency granted pursuant to Rule 4 of the Judicature (Court Vacation) Rules SI 13-20.
  • Registrar directed to fix the application for temporary injunction HCMA 965 of 2021 for hearing.
  • Applicants directed to notify and serve the relevant court process on the respondents.
  • Costs of this application to be provided for.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Jurisdiction to Hear Civil Matters During Vacation
Under Rule 4 of the Judicature (Court Vacation) Rules SI 13-20, a court may grant a certificate of urgency and hear civil business during vacation where the presiding judge is of the opinion that the matter is of an urgent nature.
Civil Procedure — Injunctions — Certificate of Urgency — Test for Urgency
A matter qualifies as urgent for hearing during court vacation where delay in hearing it would render the substantive application nugatory and occasion injustice to the applicant, particularly where irreversible action (such as sale of property) is imminent.

Legislation cited (3)

Full judgment

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Katungye v Goldmine Finance Ltd (H.C.Miscellaneous Application No. 966 of 2021) [2021] UGCommC 89 (22 July 2021)
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.