Yahaya Fadulu v Asuman Fadaulu alias Asuman Fadhul aka Osman Fadhul and Another [2026] UGHCLD 257
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court considered whether an application for an interim order arising from a pending land suit was urgent enough to be heard during court vacation. Having examined the pleadings, counsel's submissions and the relevant law, the court was satisfied that the interim order application was genuine and urgent and that any delay in its disposal would occasion a substantial miscarriage of justice. A certificate of urgency was accordingly issued under rule 4 of the Judicature (Court Vacation Rules), permitting the application to be heard during court vacation, with costs to be in the cause.
Outcome
Certificate of urgency granted; interim order application allowed to be heard during court vacation
Facts
The applicant filed Civil Suit No. 298 of 2026 together with applications for temporary and interim orders concerning property said to be in danger of being wasted. He brought this application for a certificate of urgency, seeking to have his application for an interim order (Miscellaneous Application No. 1070 of 2026) heard during the court vacation. The application was supported by the applicant's affidavit. Counsel argued that the matter was urgent and that, if not heard during vacation, it would be rendered nugatory.
Issues
- Whether the application for an interim order was sufficiently urgent to warrant a certificate of urgency allowing it to be heard during court vacation.
Orders
- A certificate of urgency is issued in accordance with rule 4 of the Judicature (Court Vacation Rules) S.I. 13-20, allowing the application to be heard during court vacation.
- Costs shall be in the cause.
Rules and key headnotes
Legislation cited (1)
- Judicature (Court Vacation Rules) S.I. 13-20 r.4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.