Court tells Senana to file for certificate of urgency

Court has ordered Senana Investment Ltd to file for a certificate of urgency in the case in which it is challenging the manner in which Standard Chartered Bank moved to attach its properties for sale.
This was after the court issued an order which had resulted from a consent between Senana Investments proprietor Frida Nabirongo and the bank’s lawyers to stay the intended sale until determination of the main case last week on Friday.
“By consent of both parties, the application (for interim injunction) is hereby granted until July 31,” ruled Court registrar, Mr Festo Nsenga, before advising Ms Nabirongo to seek a certificate of urgency to have the matter heard expeditiously.
Both parties agreed that the main case should be given an earlier hearing date.
In her application filed before the High Court Commercial Division, Ms Nabirongo had sought an interim order restraining Standard Chartered Bank from selling the plots of land in Makerere, Busega and on Buganda Road, Kampala.
Ms Nabirongo stated that as the mortgagor, she has applied for review of the mortgage because Standard Chartered Bank (mortgagee), obtained the same unlawfully, which she asks court to declare void.
She also wanted court to stop the bank from taking possession and selling the three securities, which she believes will be unconditionally released back to her once the mortgage is declared void.
Court documents indicated that the bank is allowed to take possession of the stated securities and to proceed to sell the same. It will render the application for review nugatory hence causing the applicant irreparable damages.
The documents further indicated that Ms Nabirongo is currently in possession of the stated securities where she operates her businesses hence the status quo be maintained.
“The respondent will not suffer any loss if this application is allowed as the respondent has custody of the certificates of title for the securities,” the documents further stated.
In the main case, Senana went to court challenging the manner in which the bank had moved to attach properties against which the consolidated loan worth Shs34 billion had been advanced between 2015 and 2017.
In the suit, Senana, acting through Kavuma Kabenge & Company Advocates, claimed Standard Chartered had illegally moved onto its properties.
However, in its defence, the bank through its lawyers of Sebalu and Lule Advocates, maintains that Senana neglected to pay its part of the loan despite several reminders in that regard.