Wakilii

N iwagaba & 4ors v The owners of condominium plan no. 0026 & 0029 (Miscellaneous Application No. 336 of 2013)

High Court · [2013] UGHCCD 95 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for certificate of urgency to enable hearing of interim order and stay of execution during court vacation
Decision
Certificate of urgency granted to enable hearing during court vacation

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted a certificate of urgency to enable hearing of the applicants' applications during court vacation. The court found that a pending eviction order threatened the status quo and could affect the pending appeal, justifying urgent consideration of the applications for interim order and stay of execution.

Outcome

Certificate of urgency granted to enable hearing during court vacation

Facts

The applicants were defendants in Civil Suit No. 0287 of 2009 from which judgment had been entered against them. The respondents, as decree holders, issued an eviction order dated 12 July 2013 requiring the applicants to give vacant possession. The applicants had filed Civil Appeal No. 053 of 2013 against the judgment, and also filed Miscellaneous Application No. 324 for an interim order and No. 226 for stay of execution pending appeal. Court vacation was to commence on 15 July 2013, running until 15 August 2013. The applicants sought a certificate of urgency to enable the court to hear their applications during vacation before the eviction could be carried out.

Issues

  1. Whether a certificate of urgency should be issued to enable the court to entertain the applicants' applications during court vacation.

Orders

  • Application granted.
  • Certificate of urgency issued to enable the court to entertain the matter during court vacation.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Grounds for Issuance
A certificate of urgency may be issued under the Judicature (Court Vacation) Rules where a pending eviction order threatens to drastically change the status quo and affect a pending appeal, justifying urgent consideration of applications for interim relief during court vacation.

Legislation cited (5)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

N iwagaba & 4ors v The owners of condominium plan no. 0026 & 0029 (Miscellaneous Application No. 336 of 2013) [2013] UGHCCD 95 (16 July 2013)
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.