Wakilii

MFK Corporation Ltd v Diamond Trust Bank Ltd (H.C.Miscellaneous Application No. 96 of 2021)

High Court · [2021] UGCOMMC 86 · 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 applications for interim order and temporary injunction during court vacation
Decision
Certificate of urgency granted; related applications to be fixed for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a certificate of urgency under rule 4 of the Judicature (Court Vacation) Rules to enable hearing of applications for interim order and temporary injunction during court vacation. The court found that the applicant would suffer irreparable loss if the respondent bank proceeded with the advertised sale of properties during the lockdown and court vacation, and that time was of the essence.

Outcome

Certificate of urgency granted; related applications to be fixed for hearing

Facts

The applicant filed two applications (M.A No. 968 of 2021 and M.A No. 967 of 2021) arising from Civil Suit No. 235 of 2019, seeking orders to stop the respondent bank from liquidating or selling properties that were the subject of the civil suit. The respondent had issued notice of disposal of the properties with a sale date of 17 August 2021. Due to the nationwide lockdown and court vacation, the applicant could not obtain injunctive relief through normal procedures. The applicant sought a certificate of urgency to enable the hearing of the applications during court vacation, arguing that failure to do so would result in substantial loss and irreparable damage from the sale of the advertised properties.

Issues

  1. Whether a certificate of urgency should be granted to enable hearing of applications 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 M.A No. 968 of 2021 and M.A No. 967 of 2021 for hearing.
  • Applicants to notify and serve the relevant court process on the respondents.
  • Costs of this application to be provided for.

Rules and key headnotes

Court Vacation — Certificate of Urgency — Criteria for Grant
Under rule 4 of the Judicature (Court Vacation) Rules, the court may deal with civil business during vacation if it is of an urgent nature in the opinion of the presiding judge, and a certificate of urgency should be granted where the applicant stands to suffer irreparable loss if the matter is not heard during vacation and time is of the essence.

Legislation cited (4)

Full judgment

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MFK Corporation Ltd v Diamond Trust Bank Ltd (H.C.Miscellaneous Application No. 96 of 2021) [2021] UGCommC 86 (23 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.