Wakilii

Membe Godfrey v Dennis Namara [2026] UGHCLD 264

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application (with certificate of urgency) to have an interim application for stay of execution heard during court vacation
Decision
Application for certificate of urgency dismissed; interim application not fixed for hearing during court vacation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought a certificate of urgency to have an interim application for stay of execution of the decree in a civil suit heard during court vacation, fearing eviction. The court refused, finding no urgency: the warrant of arrest had expired on 5 July 2026 and was not renewed, no warrant of eviction had issued, the eviction notice would lapse only on 5 September 2026, and the substantive stay application was already fixed for 27 August 2026. Taking judicial notice that executions do not occur during court vacation, the court held there was no risk of execution during vacation and that the applicant's concerns could be addressed by the trial judge afterwards. The application was dismissed with no order as to costs.

Outcome

Application for certificate of urgency dismissed; interim application not fixed for hearing during court vacation

Facts

The applicant, a party against whom a decree had issued in Civil Suit No. 499 of 2021, faced execution measures. A warrant of arrest had been issued against him in execution of that decree but expired on 5 July 2026 and was not renewed. An eviction notice had also issued and was due to lapse on 5 September 2026, though no warrant of eviction had yet been issued. The applicant had filed a substantive application for stay of execution (MA No. 201 of 2026), already fixed for hearing on 27 August 2026, and an interim application for stay of execution (MA No. 1027 of 2026). Fearing eviction during the court vacation, the applicant sought a certificate of urgency to have the interim application heard during vacation.

Issues

  1. Whether a certificate of urgency should be granted to have the interim application for stay of execution heard during court vacation.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Certificate of Urgency — Stay of Execution During Court Vacation
A certificate of urgency to have an interim application for stay of execution heard during court vacation will be refused where no execution can take place during the vacation, the enforcement measures relied on have expired or not yet issued, and the substantive stay application is already fixed for hearing shortly after the vacation.

Full judgment

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

Membe Godfrey v Dennis Namara [2026] UGHCLD 264 (5 August 2026)
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.