Mugga Adam v Grace Segujja (Miscellaneous Application No. 1901 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for certificate of urgency dismissed. Court held that there was no urgency warranting a vacation hearing where the deadline for payment (2nd September 2024) fell after the end of court vacation (15th August 2024), and no law barred the court from scheduling a hearing date before the payment deadline. The applicant was directed to seek a hearing date for the leave application before the trial judge for a date before 2nd September 2024.
Outcome
Application for certificate of urgency dismissed
Facts
On 3rd July 2024, the court granted the applicant a conditional stay of execution in MA 1677 of 2024, requiring payment of 50% of the decretal sum (approximately UGX 140,000,000) within 60 days. Dissatisfied with the ruling, the applicant filed MA 1893 of 2024 seeking leave to appeal. Unable to secure a hearing date during court vacation, the applicant sought a certificate of urgency to have MA 1893 heard during vacation. The applicant argued that the matter was urgent because the 60-day deadline was running and execution would resume if not paid. The court found that vacation ended on 15th August 2024, leaving sufficient time before the payment deadline of 2nd September 2024 to schedule a hearing.
Issues
- Whether the applicant's application for leave to appeal (MA 1893 of 2024) is of such urgent nature as to warrant a certificate of urgency for hearing during court vacation.
Orders
- Miscellaneous Application No. 1901 of 2024 seeking to hear Miscellaneous Application No. 1893 during court vacation is not granted.
- No order as to costs.
Rules and key headnotes
Legislation cited (5)
- Civil Procedure Rules Order 52 rules 1 & 3
- Judicature Act Cap 16 s.37
- Judicature Act Cap 16 s.45(2)(b)
- Civil Procedure Act Cap 282 s.98
- Judicature (Court Vacation) Rules rules 3 & 4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.