[2020] UGCommC 151
The court found that the applicants had succinctly stated circumstances that render the matter urgent, including the imminent risk of eviction during court vacation before the interim order application is heard. The court was satisfied that the facts as averred in the affidavit and application warranted the issuance...
Source-derived case information.
- Citation
- [2020] UGCommC 151
- Parties
- Applicant: Nassolo Joan; Applicant: Sarah Ndagire; Respondent: Equity Bank (U) Ltd; Respondent: Sekabira Denis aka Sekabira Denes; Respondent: Commissioner Land Registration
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 1263 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Certificate of Urgency
- Outcome
- Certificate of urgency granted.
- Judges
- Wabwire, J
- Legal Topics
- Certificate of Urgency, Interim Orders, Eviction Proceedings, Status Quo Preservation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nassolo Joan
Applicant
Sarah Ndagire
Applicant
Equity Bank (U) Ltd
Respondent
Sekabira Denis aka Sekabira Denes
Respondent
Commissioner Land Registration
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Certificate of Urgency
Legal Issues
- 1 Whether the circumstances justify the issuance of a certificate of urgency for hearing during court vacation.
- 2 Whether there is imminent danger of eviction or irreparable harm to the applicants if the application is not heard urgently.
Ratio Decidendi
The court found that the applicants had succinctly stated circumstances that render the matter urgent, including the imminent risk of eviction during court vacation before the interim order application is heard. The court was satisfied that the facts as averred in the affidavit and application warranted the issuance of a certificate of urgency to enable the hearing of the interim application during court vacation. The risk of the status quo being changed and the proceedings or orders arising out of the pending application being rendered nugatory constituted sufficient grounds for urgency.
Court Disposition
Certificate of urgency granted.
Orders
- A certificate of urgency is issued to enable hearing of MA 1246 of 2020 during court vacation on 4 January 2021 at 9.00 am.
Full Case Text
Judgment text and source record
26 paragraphs
# **THE REPUBLIC OF UGANDA**
# **IN THE HIGH COURT OF UGANDA AT KAMPALA**
# 5 **(COMMERCIAL COURT DIVISION)**
## **MISCELLANEOUS APPLICATION No. 1263 OF 2020**
**(Arising from MA 1246 of 2020)**
**(Arising from MA 1233 of 2020)**
**(Arising from H. C. C. S. No. 1069 of 2020)**
#### 10 **1. NASSOLO JOAN**
**2. SARAH NDAGIRE :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANTS**
## **VERSUS**
- **1. EQUITY BANK (u) LTD** - **2. SEKABIRA DENIS AKA SEKABIRA DENES** - 15 **3. COMMISSIONER LAND REGISTRATION**
**::::::::::::::::: RESPONDENTs**
## **BEFORE HON. MR. JUSTICE RICHARD WEJULI WABWIRE**
## **RULING**
20 This Application was brought ex parte under order 52 r 1 & 3 CPR, S.41 (2) JA, Rules 3&\$ Court Vacation Rules and S.98 CPA seeking orders that a certificate of urgency be issued to enable MA 1246 of 2020n already fixed n this Court to be heard during this Court vacation and for costs of the Application to be provided for.
25 The Application is supported by the Affidavit of Nassolo Joan deponed on the 24/12/2020 and in there, the grounds of the Application are stated, but briefly are that while the Applicants have filed an Application for orders to restrain the Respondents from evicting them and in way whatsoever dealing in the suit property, the Respondents have threatened to evict the Applicants and to 30 occupy the suit property before MA 1246 and CS 1069 of 2020 are disposed of. That there is therefore imminent danger of the status quo being changed and the proceedings or orders arising out of the pending application rendered nugatory.
Counsel for the Applicants adopted the averments in the Affidavit in Support 35 and as part of their submissions.
In their submissions and in the Affidavit in support of the Application, the Applicants averred that the Respondents fraudulently sold the suit property to a fictitious person and are now in the process of having the names changed.
- To be treated as urgent, the Applicants must establish imminent danger to the 40 existing rights and the possibility of irreparable harm. The Applicants have succinctly stated the circumstances that render the matter urgent. These include imminent risk of eviction during this court vacation, before the interim order Application is heard and disposed of. - Having applied my mind to the circumstances of the case as averred in the 45 Affidavit in Support and in the Application, I am satisfied that the matter sought to be brought to the attention of court in the interim Application MA 1246 of 2020 warrant issuance of a certificate of urgency to be heard during this Court vacation.
In the event, the Applicants are granted a certificate of urgency to enable 50 hearing of MA 1246 of 2020 during this court vacation on 4 January 2021 at 9.00 am.
I so order
Delivered at Kampala and signed copies for the parties placed on file this 29th day of December, 2020.
………………………………………………………
# **RICHARD WEJULWABWIRE**
**JUDGE**