Visare Ugada Limited v Grant Thorton Management Limited (Miscellaneous Application 777 of 2021) [2021] UGCommC 167 (22 June 2021)

Full Case Text

## **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA SITTING AT KAMPALA (COMMERCIAL DIVISION) MISCELLANEOUS APPLICATION No. 0777 of 2021**

## 5 **(Arising from Civil Suit No. 0898 of 2019)**

**VISARE UGADA LIMITED …………………………………………… APPLICANT VERSUS GRANT THONTON MANAGEMENT LIMITED ………………… RESPONDENT**

## 10 **Before: Hon Justice Stephen Mubiru.**

## **RULING**

The application comes before this court at a time when the "*Revised Contingency Measures by the Judiciary to Prevent and Mitigate the Spread of Covid-19*" that were issued by the Honourable

Chief Justice by way of a Circular dated 7th 15 June, 2021suspened "all court hearings and appearances" were suspended for a period of 42 days with effect from 7th June, 2021 save for "urgent matters." The application by the applicant for a certificate of urgency was on 14th June, 2021 dismisses on ground that the act sought to be restrained is already the subject of the general suspension.

This was because Item number 6 under the sub-heading "Hearing of Cases" in the Circular of 7th June, 2021 it is clearly stated that "all execution proceedings and processes are hereby suspended for the same period of 42 days." This has been re-emphasised by Item number 6 of the further revised Circular of 21st June, 2021. Which categorically states that "all execution proceedings and 25 processes remain suspended, including any matters(s) where the execution process had commenced," for a period of 42 days with effect from 18th June, 2021. A ruling cannot be delivered on the merits of the application. Consequently, in compliance with the said directives, no sale is to take place in execution of the decree made in the underlying suit. The costs will abide the result of the application which shall be heard and decided upon expiry of the period of suspension.

Delivered electronically this 22nd 30 day of June, 2021 ……Stephen Mubiru………..

Stephen Mubiru Judge 22nd June, 2021.