Kizito v Nsubuga and 6 Others (Civil Application 28 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an application under Rules 2(2) and 42(1) of the Supreme Court Rules, the single Justice held that urgency under the Chief Justice's COVID-19 contingency measures is determined case by case on the evidence adduced. The applicant showed that the respondents intended to bury the late David Kizito on land decreed to the applicant in Civil Appeal No. 8 of 2018, a matter that could not await the expiry of the 42-day period. The Court found the burial an urgent matter, granted a certificate of urgency declaring Civil Application No. 27 of 2021 urgent, and ordered that it be heard during the restricted-hearing period, with costs in the cause.

Outcome

Certificate of urgency granted; Civil Application No. 27 of 2021 to be heard during the restricted-hearing period

Facts

The applicant, Betty Kizito, had obtained a decree of the Supreme Court in Civil Appeal No. 8 of 2018 ordering that she be reinstated onto property at Muyenga comprised in Kyadondo Block 244 Plot 5091 and registered as tenant in common with the first respondent. The Commissioner for Land Registration had complied with the decree. The late David Kizito died on 9 June 2021, and the respondents intended to bury him on the disputed land, with evidence of a grave being dug and construction materials brought to the site. The applicant contended that permitting the burial would deprive her of her land and expose her to irreparable damage. The Chief Justice had, by measures issued on 7 June 2021, suspended court hearings except for urgent matters for a 42-day period expiring 17 July 2021, urgency to be assessed case by case.

Issues

1. Whether Civil Application No. 27 of 2021 (an application for an interim injunction) should be declared urgent and certified to be heard during the 42-day period in which courts handle only urgent matters under the Chief Justice's COVID-19 contingency measures.

Orders

• A certificate of urgency is granted declaring Civil Application No. 27 of 2021 urgent, to be heard during the 42-day period.
• The costs of the application shall be in the cause.

Rules and key headnotes

Legislation cited (2)

• Supreme Court Rules r.2(2)
• Supreme Court Rules r.42(1)

Cases cited (1)

• Betty Kizito v David Kizito and Others (Civil Appeal No. 8 of 2018)

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