[2017] UGCA 146

[2017] UGCA 146

The application for a certificate of urgency to fix a substantive appeal for hearing during court vacation is misconceived. The Court of Appeal Rules provide limited scope for conducting business during vacation, requiring direction from the Chief Justice or demonstration of urgency. Urgency in this context refers to matters that must be attended to pending the resumption of regular court business, not the hearing and disposal of substantive appeals. The authority to assign court sittings lies with the Deputy Chief Justice, not a vacation Justice. As such, the application is dismissed for lack of legal basis.

Citation
[2017] UGCA 146
Parties
Applicant: Nicholas Were; Respondent: Mr. Sam Sewanyana & Anor
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
14 August 2017
Case Number
miscellaneous Application No. 232 of 2017
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
Kiryabwire JA
Legal Topics
Certificate of Urgency, Court Vacation Hearings, Appeal Fixing, Procedural Rules
Source Language
English
Civil Procedure Certificate of Urgency Court Vacation Hearings Appeal Fixing Procedural Rules

Case Brief

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Parties

Nicholas Were

Applicant

Mr. Sam Sewanyana & Anor

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether a certificate of urgency can be issued to fix a substantive appeal for hearing during court vacation.
  2. 2 Whether the application meets the threshold for urgency under the Court of Appeal Rules.

Ratio Decidendi

The application for a certificate of urgency to fix a substantive appeal for hearing during court vacation is misconceived. The Court of Appeal Rules provide limited scope for conducting business during vacation, requiring direction from the Chief Justice or demonstration of urgency. Urgency in this context refers to matters that must be attended to pending the resumption of regular court business, not the hearing and disposal of substantive appeals. The authority to assign court sittings lies with the Deputy Chief Justice, not a vacation Justice. As such, the application is dismissed for lack of legal basis.

Court Disposition

application dismissed

Orders

  • Application is dismissed with no order as to costs.
  • Registrar to place the file before the Deputy Chief Justice for evaluation and assignment.