Wakilii

Mugisha v Ssetimba and Ors (H.C.Miscellaneous Application No. 973 of 2021)

High Court · [2021] UGCOMMC 85 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Exparte application for certificate of urgency to enable hearing of injunction applications during court vacation
Decision
Certificate of urgency granted; injunction applications to be fixed for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a certificate of urgency was granted under the Judicature (Court Vacation) Rules to enable hearing of applications for injunctive relief during court vacation. The court found that failure to hear the injunction applications immediately would result in injustice, as the suit property was advertised for sale by public auction and the main suit would be rendered nugatory.

Outcome

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

Facts

The applicant, who is married to the 2nd respondent, claims entitlement to a share in suit property as matrimonial property. Without her knowledge or consent, the 1st, 2nd and 3rd respondents transferred the suit land to the 4th respondent pursuant to a memorandum of understanding to which the applicant was not party. The 2nd and 3rd respondents failed to fulfil the terms of the memorandum, leading to the suit land being advertised for sale by public auction or private treaty in the New Vision newspaper. The applicant sought a certificate of urgency to enable court hear her applications for interim and temporary injunctions during court vacation to prevent the sale.

Issues

  1. Whether a certificate of urgency should be granted to hear applications for interim and temporary injunctions 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. 972 of 2021 and M.A No. 971 of 2021 for hearing.
  • Registrar directed to ensure that applicants notify and serve relevant court process on the respondents.
  • Costs of this application to be provided for.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Criteria for Grant
During court vacation, the High Court shall not sit for the discharge of civil business except such civil business as is, in the opinion of the presiding judge, of an urgent nature. A certificate of urgency will be granted where failure to hear the matter immediately would result in injustice, such as where property is about to be sold and the main suit would be rendered nugatory.

Legislation cited (4)

  • Civil Procedure Act s.98
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.3
  • Judicature (Court Vacation) Rules r.4

Full judgment

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Mugisha v Ssetimba and Ors (H.C.Miscellaneous Application No. 973 of 2021) [2021] UGCommC 85 (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.