Visare Ugada Limited v Grant Thorton Management Limited (Miscellaneous Application 777 of 2021)
Observed later treatment
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Holding
The court declined to rule on the merits of the application due to the Chief Justice's COVID-19 Circular of 7 June 2021 suspending all court hearings and execution proceedings for 42 days. The applicant's request for a certificate of urgency was dismissed on 14 June 2021 because execution proceedings were expressly suspended. The court directed that no sale in execution of the underlying decree could take place during the suspension period.
Outcome
Application not determined on merits due to COVID-19 judicial suspension; matter to be heard after expiry of suspension period
Facts
The applicant filed a miscellaneous application arising from Civil Suit No. 898 of 2019. On 7 June 2021, the Chief Justice issued a Circular suspending all court hearings and execution proceedings for 42 days due to COVID-19, except for urgent matters. The applicant applied for a certificate of urgency on 14 June 2021, which was dismissed because the act sought to be restrained (execution proceedings) was already subject to the general suspension. The Circular of 7 June 2021 and the revised Circular of 21 June 2021 both expressly suspended all execution proceedings and processes for 42 days.
Issues
- Whether the application could be heard during the COVID-19 judicial suspension period.
- Whether execution proceedings could proceed during the suspension period.
Orders
- No ruling delivered on the merits of the application.
- No sale to take place in execution of the decree made in the underlying suit during the suspension period.
- Costs to abide the result of the application to be heard after expiry of the suspension period.
Cases citing this judgment (2)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
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