Wakilii

Walusimbi Jennifer Nabbosa and Others v Bulezi Ali (Miscellaneous Application 1506 of 2023)

High Court · [2023] UGHCLD 493 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for certificate of urgency to hear stay of execution application during court vacation
Decision
Certificate of urgency issued; stay of execution application to be heard during 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 allowing Miscellaneous Application No. 1500 of 2023 for stay of execution to be heard during court vacation. The court found that the respondent's attempts to execute judgment during court vacation, including two violent incidents involving multiple men armed with weapons, created circumstances of urgent nature justifying hearing the stay application during vacation under Rule 4 of the Judicature (Court Vacation) Rules.

Outcome

Certificate of urgency issued; stay of execution application to be heard during vacation

Facts

The applicants, administrators of an estate, lost in Civil Suit No. 291 of 2021 before Justice Tadeo Asiimwe in June 2023 and filed an appeal to the Court of Appeal. During court vacation, the respondent made two violent attempts to execute the judgment. On 1st July 2023 at 7:00am, the respondent and approximately 20 men invaded the suit land and were repulsed by police. On 22nd July 2023 at 7:30am, the respondent and approximately 25 men armed with hoes, daggers, and pangas attempted to take possession and were only repulsed when community members gathered and chased them away. The applicants filed Miscellaneous Application No. 1500 of 2023 for stay of execution pending appeal, allocated to Justice Asiimwe, and then filed this application seeking a certificate of urgency to have the stay application heard during vacation.

Issues

  1. Whether a certificate of urgency should be issued to allow the hearing of Miscellaneous Application No. 1500 of 2023 for stay of execution during court vacation.

Orders

  • A certificate of urgency do issue allowing the hearing of Miscellaneous Application No. 1500 of 2023 for stay of execution during court vacation.
  • Costs shall be determined in the main application.

Rules and key headnotes

Court Vacation — Certificate of Urgency — Execution Attempts During Vacation
Under Rule 4 of the Judicature (Court Vacation) Rules, a court may hear civil matters during vacation where the issues at stake are of an urgent nature, and urgency is established when a judgment creditor makes violent attempts to execute a judgment during court vacation while a stay application and appeal are pending.

Legislation cited (3)

Full judgment

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

Walusimbi_Jennifer_Nabbosa_and_Others_v_Bulezi_Ali_(Miscellaneous_Application_1506_of_2023)_[2023]_UGHCLD_493_(4_August_2023)
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.