NC Beverages Limited (In Liquidation) and Others v Bank of India Uganda Limited [2026] UGCOMMC 378
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted a certificate of urgency permitting the applicants' pending application to set aside an ex parte decree (Misc. Application No. 2941 of 2025) to be heard during court vacation. Applying Rule 4 of the Judicature (Court Vacation) Rules, the court held that a matter is of an urgent nature where the respondent is actively prosecuting execution proceedings abroad (in Dubai) while the application to set aside the underlying ex parte decree remains unheard, since continued execution would render that application nugatory before it could be determined immediately after vacation.
Outcome
Application allowed; certificate of urgency granted for the set-aside application to be heard during court vacation
Facts
The respondent instituted a summary suit (Civil Suit No. 0277 of 2025) against the applicants and obtained an ex parte decree for UGX 8,249,630,313 together with interest and costs. The applicants applied to set aside that ex parte decree by Miscellaneous Application No. 2941 of 2025, which was fixed for hearing on 17 August 2026, immediately after the court vacation. Meanwhile, the respondent had commenced and was actively prosecuting execution proceedings in Dubai (Dubai Courts Case No. 269/2025/199 and Dubai Courts Execution Case No. 207/2026/3786) during the vacation period. The applicants brought this ex parte application seeking to have the set-aside application certified as urgent so it could be heard during the vacation, contending that the ongoing foreign execution would render the set-aside application nugatory.
Issues
- Whether the applicant established sufficient grounds for the grant of a certificate of urgency to have Miscellaneous Application No. 2941 of 2025 heard during court vacation.
Orders
- A certificate of urgency is granted in Miscellaneous Application No. 2941 of 2025 to be heard during Court vacation.
- Costs shall be in the cause.
Rules and key headnotes
Legislation cited (4)
- Civil Procedure Act Cap. 282 s.98
- Judicature Act Cap. 16 s.37
- Judicature (Court Vacation) Rules SI No. 13-20 r.4
- Civil Procedure Rules SI 71-1 Order 52 rr.1, 2 & 3
Cases cited (2)
Full judgment
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