Ndawula v Hiraa Traders (U) Limited (Miscellaneous Application No. 1267 of 2020)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted a certificate of urgency to enable the hearing of an application for stay of execution of a bankruptcy order during court vacation. The applicant, who had been adjudged bankrupt and intended to appeal, faced imminent nullification of his political candidature and potential vacation of his LC 5 Chair position. The court found the circumstances merited urgent hearing during vacation.
Outcome
Certificate of urgency issued; matter to be heard during court vacation
Facts
The applicant was adjudged bankrupt on 30 November 2020. He unsuccessfully applied to have the bankruptcy order set aside and subsequently filed a notice of appeal to the Court of Appeal. The applicant was a candidate for political office in Luwero District and held the position of LC 5 Chair of Luwero District. The Electoral Commission issued an ultimatum to nullify his candidature unless he showed cause, and his position as LC 5 Chair was threatened with being declared vacant on account of the bankruptcy order. The applicant sought a certificate of urgency to have his application for stay of execution of the bankruptcy order heard during court vacation.
Issues
- Whether the applicant should be granted a certificate of urgency to enable hearing of MA 1266/2020 during court vacation.
Orders
- Certificate of urgency granted to enable MA 1266 of 2020 for stay of execution/implementation of a bankruptcy order to be heard on 5th January 2021 during court vacation.
- Costs of the application to be borne by the applicant.
Legislation cited (6)
- Civil Procedure Act s.98
- Judicature Act s.41(2)
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
- Court Vacation Rules r.3
- Court Vacation Rules r.4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.