[2013] UGHCCD 96

[2013] UGHCCD 96

The Court found that the Applicant had demonstrated sufficient urgency due to the imminent risk of Kisubi High School being sold and the threat of eviction, as evidenced by the advertisement and bailiffs' letter. The Court held that, in accordance with Rule 4 of the Judicature (Court Vacation) Rules, urgent civil matters may be heard during court vacation at the discretion of the presiding judge. The Court also noted that the Applicant followed the correct procedure by seeking a Certificate of Urgency prior to the hearing of the substantive application for an interim order. The Court was persuaded that the matter was urgent and certified Miscellaneous Application No. 343 of 2013 as such,...

Citation
[2013] UGHCCD 96
Parties
Applicant: Semakula Mark Allan; Respondent: Equity Bank; Respondent: Kisubi High School Ltd.; Respondent: Third Respondent (unnamed)
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
18 July 2013
Case Number
Misc. Application No. 341/2013
Procedural Posture
Miscellaneous Application / Application for Certification of Urgency During Court Vacation
Outcome
Application granted. Miscellaneous Application No. 343 of 2013 is certified as a matter of urgency.
Legal Topics
Court Vacation Rules, Certificate of Urgency, Interim Orders, Urgent Applications
Source Language
English
Civil Procedure Court Vacation Rules Certificate of Urgency Interim Orders Urgent Applications

Case Brief

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Parties

Semakula Mark Allan

Applicant

Equity Bank

Respondent

Kisubi High School Ltd.

Respondent

Third Respondent (unnamed)

Respondent

Procedural Posture

Miscellaneous Application / Application for Certification of Urgency During Court Vacation

Legal Issues

  1. 1 Whether Miscellaneous Application No. 343 of 2013 should be certified as a matter of urgency and heard during court vacation.
  2. 2 Whether the Applicant has demonstrated sufficient urgency to warrant deviation from the general rule against hearing civil matters during vacation.

Ratio Decidendi

The Court found that the Applicant had demonstrated sufficient urgency due to the imminent risk of Kisubi High School being sold and the threat of eviction, as evidenced by the advertisement and bailiffs' letter. The Court held that, in accordance with Rule 4 of the Judicature (Court Vacation) Rules, urgent civil matters may be heard during court vacation at the discretion of the presiding judge. The Court also noted that the Applicant followed the correct procedure by seeking a Certificate of Urgency prior to the hearing of the substantive application for an interim order. The Court was persuaded that the matter was urgent and certified Miscellaneous Application No. 343 of 2013 as such,...

Court Disposition

Application granted. Miscellaneous Application No. 343 of 2013 is certified as a matter of urgency.

Orders

  • Miscellaneous Application No. 343 of 2013 is certified as a matter of urgency and may be heard during court vacation.