Nassolo and Another v Equity Bank (U) Limited and 2 Others (Miscellaneous Application No. 1263 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

Holding

Held that where applicants face imminent risk of eviction during court vacation before their interim injunction application can be heard, and the respondents are allegedly in the process of fraudulently transferring property, the circumstances establish imminent danger to existing rights and possibility of irreparable harm warranting issuance of a certificate of urgency.

Outcome

Certificate of urgency issued to enable hearing of underlying injunction application during court vacation

Facts

The applicants filed MA 1246 of 2020 seeking orders to restrain the respondents from evicting them and dealing with the suit property. The applicants alleged that the respondents fraudulently sold the suit property to a fictitious person and were in the process of changing the registered names. The respondents threatened to evict the applicants and occupy the suit property before MA 1246 and the main suit (HCCS 1069 of 2020) could be disposed of. The applicants sought a certificate of urgency to have their injunction application heard during court vacation to prevent irreparable harm.

Issues

1. Whether a certificate of urgency should be issued to enable hearing of MA 1246 of 2020 during court vacation.

Orders

• Certificate of urgency granted.
• MA 1246 of 2020 to be heard during court vacation on 4 January 2021 at 9:00 am.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Rules Order 52 r.1
• Civil Procedure Rules Order 52 r.3
• Judicature Act s.41(2)
• Court Vacation Rules r.3
• Court Vacation Rules r.5
• Civil Procedure Act s.98

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