Wakilii

Sadruddin Valimahomed v The Departed Asian's Property Custodian Board and Others (Miscellaneous Application 1170 of 2022)

High Court · [2022] UGHCLD 320 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for certificate of urgency to hear application for leave to appeal out of time during court vacation
Decision
Certificate of urgency granted; application for leave to appeal out of time to be heard during court vacation

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 hear an application for leave to appeal out of time during court vacation. The applicant had been unable to appeal in time because the typed copy of the ruling was not available at the time of delivery and was only provided 21 days later, by which time the appeal period had expired and court vacation had commenced.

Outcome

Certificate of urgency granted; application for leave to appeal out of time to be heard during court vacation

Facts

The applicant filed an application for a temporary injunction in MA 286 of 2022. The ruling was delivered on 2nd June 2022 by the Assistant Registrar. The applicant was aggrieved and intended to appeal. On 6th June 2022, counsel wrote requesting the ruling, as a typed copy was not available at the time of delivery. The typed copy was provided on 27th June 2022. By this time, the applicant was out of time to file an appeal. The applicant filed an application for leave to appeal out of time on 7th July 2022. Court vacation commenced on 15th July 2022 before the application for leave could be heard. The applicant then filed this application for a certificate of urgency to have the application for leave heard during court vacation.

Issues

  1. Whether a certificate of urgency should be issued to enable the hearing of an application for leave to appeal out of time during court vacation.

Orders

  • A certificate of urgency is issued to hear Miscellaneous Application No. 1125 of 2022 during court vacation.
  • Miscellaneous Application No. 1125 of 2022 shall be heard on 25th July 2022 at 10.30am.
  • Costs shall be in the main cause.

Rules and key headnotes

Civil Procedure — Court Vacation — Certificate of Urgency — Grounds for Issuance
Where an applicant is unable to appeal in time because the court did not avail a typed copy of the ruling at the time of delivery, and the typed copy is provided only after the appeal period has expired and court vacation has commenced, the applicant qualifies for a certificate of urgency to have the application for leave to appeal out of time heard during court vacation.

Legislation cited (5)

Full judgment

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Sadruddin_Valimahomed_v_The_Departed_Asian's_Property_Custodian_Board_and_Others_(Miscellaneous_Application_1170_of_2022)_[2022]_UGHCLD_320_(18_July_2022)
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.