Kizito v Nsubuga and 6 Others (Civil Application 28 of 2021) [2020] UGSC 61 (16 June 2020)

## THE REPUBLIC OF UGANDA

# IN THE SUPREME COURT OF UGANDA AT KAMPALA

#### CIVIL APLIATION NO. 28 OF 2021

(ARISING FROM CIVIL APPLICATION NO.27 OF 2021)

(ARISING FROM CIVIL APPLICATION NO.26 OF 2021)

(ARISING FROM CIVIL APPLICATION NO.25 OF 2021)

(ARISING FROM CIVIL APPEAL NO. 8 OF 2018)

### **BETWEEN**

BETTY KIZITO:::::::::::::::::::::::::::::::::::

#### AND

- 1. DICKSON NSUBUGA - 2. DIANA SEMAKULA - 3. DENIS KAVULU - 4. JOYCE NANSUBUGA - 5. IVAN ZIMBE - 6. DANIEL KIZITO - 7. MARTHA NANKYA::::::::::::::::::::::::::::::::::

(Application *for a Certificate of Urgency*)

RULING OF M. S. ARACH-AMOKO, JSC

This is an application Betty Kizito under Rules 2(2) and 42(1) of the Supreme Court Rules for orders that a Certificate of Urgency be granted to her declaring Civil Application No. 27 of 2021 urgent and to be heard during the 42 days of the Revised Contingency Measures to prevent and mitigate the spread of Covid 19 in the Judiciary issued by the Chief Justice on the 7<sup>th</sup> June, 2021. The applicant also prayed for the costs of the application.

The grounds for the application are set out in the Notice of Motion and extrapolated in the supporting affidavit sworn the applicant on the 14<sup>th</sup> June 2021.

I have perused the Notice of Motion and the supporting affidavit together with the annextures thereto. I note that the main purpose for this application is to move this Court to declare Civil Application No, 27 of 2021 for an interim injunction that is pending before this Court as urgent and to hear it during the 42 days period in which courts are allowed to handle only urgent matters. The reason for the urgency is that the respondents are planning to bury their late father, Mr David Kizito who died on the 9<sup>th</sup> of June, 2021 on a piece of land that was decreed by this Court to belong to the applicant vide Civil Appeal No.8 of 2018, Betty Kizito vs David Kizito &Ors. According to the applicant, if the actions of the respondents is allowed, it will have the effect of depriving her of her land and expose her to irreparable damage. It is therefore necessary for court to make this order in the interest of justice and to prevent parties from defying the decree of this Court. Annexture A is a copy of the decree in Civil Appeal No.8 of 2018 dated 27<sup>th</sup> May, 2021, Betty Kizito v David Kizito and the Respondents. This Court ordered inter alia. that:

"1. The appellant be reinstated onto the property at Muyenga comprised in Kyadondo Block 244 Plot 5091.

2. The Commissioner Land Registration reinstates the appellant onto the Certificate of Title for the property at Muyenga comprised in Kyadondo Block 244 Plot 5091 as tenant in common with the 1<sup>st</sup> respondent."

Annexture C is a copy of a message from the late Kizitos wife regarding his demise. Annexture F indicates that the Commissioner for Land Registration has complied with the Decree. The rest of the annextures are communications from the appellants advocates indicating that the late

Kizito and the respondents have not complied with the Court order and Annxture H contains photos of grave being freshly dug and construction materials being ferried to the site. Annexture M is a communication from late Kizito's lawyers to the IGP insisting that his client is the registered proprietor of the said piece of land and his family intend to bury him there on the 12<sup>th</sup> of June. In addition to that, it is true that the Chief Justice has issued an order on the 7<sup>th</sup> June, 2021, suspending all court hearings except for urgent matters. The urgency of each matter is to be determined on a case by case basis depending on the evidence adduced by the applicant. In the instant case and on the basis of the evidence on record, I find that the issue of burial is an urgent one and cannot wait the expiry of the 42 days on the 17<sup>th</sup> July, 2021. I therefore grant this application and:

- 1. Hereby grant a certificate of Urgency declaring Civil Application No. 27 of 2021 urgent and should be heard during the 42 days period. - 2. The costs of the application shall be in the cause.

Dated at Kampala this $\frac{1.6}{1.6}$ day of June, 2020.

M. S. ARACH-AMOKC

#### JUSTICE OF THE SUPREME COURT