Wakilii

Kibuuka v Mubiru (Civil Miscellaneous Application No. 1170 of 2021)

High Court · [2021] UGHCLD 128 · 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 application for temporary injunction during COVID-19 lockdown
Decision
Certificate of urgency issued permitting hearing of the underlying temporary injunction application during lockdown

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a certificate of urgency to hear a temporary injunction application during the COVID-19 lockdown where the applicant, who had purchased and occupied land, faced imminent eviction by the respondent vendor's attorneys with only 14 days' notice during the lockdown period. The court found the matter constituted an urgency requiring a hearing during the lockdown.

Outcome

Certificate of urgency issued permitting hearing of the underlying temporary injunction application during lockdown

Facts

On 1 January 2020, the applicant purchased land comprised in Block 7 Plot 1509 Kaiwe Ring Road village A Makindye Sabagabo Division from the respondent for UGX 250,000,000, which he paid in full. The applicant developed the land and operates a business on the premises. The respondent, through his attorneys, sought to evict the applicant and threatened to sell the suit land. On 25 June 2021, during the COVID-19 lockdown when court hearings were suspended pursuant to Chief Justice guidelines, the applicant was informed the sale agreement was terminated and given only 14 days to vacate. The applicant filed an application for a temporary injunction and sought a certificate of urgency to have that application heard during the lockdown.

Issues

  1. Whether a certificate of urgency should be issued to permit the hearing of a temporary injunction application during the lockdown period.

Orders

  • Certificate of urgency issued to hear Miscellaneous Application No. 1169 of 2021 during the lockdown.
  • Costs will be in the cause.

Rules and key headnotes

Civil Procedure — Certificate of Urgency — Criteria for Issuance During Court Suspension
A certificate of urgency will be issued to hear an application during a period of suspended court operations where the applicant demonstrates imminent danger of irreparable harm that cannot await the resumption of normal court operations.
Land & Property — Sale of Land — Threatened Eviction After Full Payment
Where a purchaser has paid the full purchase price for land, occupies the land, and faces threatened eviction by the vendor during a period when normal court remedies are unavailable, this constitutes sufficient urgency to warrant exceptional court intervention.

Legislation cited (3)

Full judgment

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

Kibuuka_v_Mubiru_(Civil_Miscellaneous_Application_No._1170_of_2021)_[2021]_UGHCLD_128_(1_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.