Were v Sewanyana and Another (miscellaneous Application No. 232 of 2017) [2017] UGCA 146 (14 August 2017)

Full Case Text

# THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA AT KAMPATA

# Mtsc. APPUCAT|ON NO.232 0t <sup>2017</sup>

#### (ARTSTNG FROM CrVrL APPEAL NO.22 OF 2013)

### NICHOLAS WERE APPLICANT

#### VERSUS

### MR. SAM SEWANYANA & ANOR RESPONDENTS

#### RUTING

I hove lislened to the submissions of counsel ond studied lhe Notice of Motion ond its supporling offidovils.

This is o unique opplicotion os it seeks o certificote of urgency to heor o substontive oppeol during court vocotion. lt does not seek to deol with stotus quo but rother progress the heoring of on oppeol thot hos been in this court for o very long time. Acluolly lhe moin dispute originoted from HCCS 719 ot 2007 so the dispute hos been in the courts for o long lime.

Counsel for the opplicont mode o possionote cose for the oppeol to be fixed during ihe vocotion, on the ground lhere ore froudulent oclivities hoppening in the compony especiolly in the compony registry. For this reoson o certificote of urgency is required. Furthermore lhot execulion proceedings ore obout to commence ot the High Court.

I fully sympothize with the frustrotion experienced by the porties to progress with the oppeol. However I find no outhoriiy to support the proyer thol o certificote of urgency con leod to o ponel being formed ond the motler being fixed for heoring during courl vocotion. lndeed Rule 2l(2) of the Rules of this courl gives very little lolitude for business to be conducted during courl vocotion, unless so directed by the chief Jusiice or thot the motter is shown lo be urgent.

Urgent normolly refers to o situotion thol needs to be otlended to by court pending the resuming of regulor business of the court.

To heor the substontive oppeol ond dispose of it requires o sitting of the courl. Under Rule 20 of lhe Rules of lhis courl sitlings ore determined by the Deputy Chief Justice ond not o vocoiion Juslice.

All in oll this opplicotion is misconceived ond I occordingly dismiss it with no order os to costs.

As on odministrotive molter I direct thot the Regislror of lhis court ploces this file before the Deputy Chief Justice for him to evoluote ond ossign occordingly given its oge.

I so Order ond Direct Doted ot Kompolo this lbtof ...2017

Hon. J uslice Geoffrey. W. Kiryobwire