Wakilii

Nalubale Freight Logistics v Musa and 2 Others (Miscellaneous Application 1267 of 2023)

High Court · [2023] UGCOMMC 49 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for certificate of urgency to enable hearing of attachment application during court vacation
Decision
Certificate of urgency issued enabling court to entertain Miscellaneous Application No. 1266 of 2023 during court vacation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted certificate of urgency for hearing of an attachment application during court vacation. Applicant demonstrated urgent need to attach respondent's vehicles valued at approximately UGX 100,000,000 to prevent their removal from the jurisdiction pending determination of the main suit concerning alleged theft of cocoa beans worth USD 18,912 during transportation.

Outcome

Certificate of urgency issued enabling court to entertain Miscellaneous Application No. 1266 of 2023 during court vacation

Facts

On 16 June 2023, the applicant contracted the 3rd respondent to transport 23,020 kg of cocoa beans from Kampala to Mombasa. The 1st and 2nd respondents were the driver and turn man of the vehicle transporting the consignment. The 1st and 2nd respondents allegedly tampered with the container locks, causing a shortfall of 6,840 kg of cocoa valued at USD 18,912. A theft case was reported at Jinja Road Station (CRB 559/2023) and the 1st and 2nd respondents were charged and remanded at Luzira Prison. The applicant learned that the 3rd respondent was attempting to remove the vehicles from police custody. The applicant filed Miscellaneous Application No. 1266 of 2023 for attachment of the vehicles valued at approximately UGX 100,000,000. Given that courts were in vacation and the 3rd respondent's business required traversing the East African region, the applicant sought a certificate of urgency to have the attachment application heard during court vacation.

Issues

  1. Whether a certificate of urgency should be issued to enable Miscellaneous Application No. 1266 of 2023 to be heard during court vacation.

Orders

  • Certificate of urgency granted.
  • Miscellaneous Application No. 1266 of 2023 to be heard during court vacation.
  • Costs of the application to abide the outcome of the main cause.

Rules and key headnotes

Court Vacation — Certificate of Urgency — Grounds for Issuance
A certificate of urgency will be granted to enable hearing of civil business during court vacation where delay would render the application nugatory and there is risk of a respondent removing assets from the jurisdiction that are necessary to satisfy any potential decree.

Legislation cited (5)

Full judgment

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

Nalubale Freight Logistics v Musa and 2 Others (Miscellaneous Application 1267 of 2023) [2023] UGCommC 49 (9 August 2023)
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.