Wakilii

Kilimani Nicholas v Baliddawa Simon (Miscellaneous Application No. 323 of 2025)

High Court · [2025] UGHC 591 · 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 enable hearing of variation application during court vacation
Decision
Certificate of urgency granted; matter to be heard during court vacation

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 enable hearing of a variation application during court vacation. The applicant sought to vary an interim order restraining him from accessing suit land where his 48-acre sugar cane plantation was being destroyed, with potential loss of UGX 300,000,000. The court found the matter urgent under the Judicature (Court Vacation) Rules and exercised inherent powers under Civil Procedure Act s.98 to prevent irreparable loss.

Outcome

Certificate of urgency granted; matter to be heard during court vacation

Facts

The applicant filed an ex parte application for a certificate of urgency to certify that Miscellaneous Application No. 0322 of 2025 should be heard during court vacation. The underlying application sought variation or setting aside of an interim order dated 29 March 2023 that restrained the applicant from accessing suit land at Nabamba Village, Bugondha Parish, Mbulamuti Sub-County, Kamuli District. The applicant's 48-acre sugar cane plantation on the suit land was drying and being destroyed by the respondent and his agents. The applicant claimed he had invested substantially in the sugar cane and stood to suffer loss of approximately UGX 300,000,000 if the variation application was not heard urgently.

Issues

  1. Whether the application for a certificate of urgency should be granted to enable the court to hear Miscellaneous Application No. 0322 of 2025 during court vacation.

Orders

  • Certificate of urgency issued to enable the court to entertain Miscellaneous Application No. 0322 of 2025 during court vacation.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Criteria for Grant
Under the Judicature (Court Vacation) Rules, courts shall not sit for civil business during vacation except for civil business which, in the opinion of the presiding judge, is of an urgent nature. A certificate of urgency will be granted where time is of the essence and the applicant stands to suffer irreparable loss if the matter is not heard during vacation.
Civil Procedure — Inherent Powers — Section 98 Civil Procedure Act — Exercise to Prevent Injustice
The court is clothed with inherent powers under section 98 of the Civil Procedure Act that are necessary for the ends of justice. These powers may be exercised to grant a certificate of urgency where delay would result in irreparable loss to a party.

Legislation cited (2)

Full judgment

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Kilimani Nicholas v Baliddawa Simon (Miscellaneous Application No. 323 of 2025) [2025] UGHC 591 (31 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.