[1992] UGHCCD 112

[1992] UGHCCD 112

The court found that the applicant failed on the first ground, as the proper remedy for an ex parte judgment was to apply to set it aside, not to claim the order was per incuriam. On the issue of taxation of costs, the court held that natural justice required the applicant or his advocate to be served with the bill of costs or notice for appearance, even though the suit was heard ex parte. The court observed that the applicant's delay in filing the application for stay was significant, but recognized that the threatened execution would result in hardship to the applicant and his family, whose livelihood depended on the suit land. The court determined that granting a stay of execution was...

Citation
[1992] UGHCCD 112
Parties
Applicant: Asadi Semiko; Respondent: Maimuna Zirabamuzale
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
27 May 1992
Case Number
MISCELANOUS APPLICATION. NO.5/92
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted on terms
Judges
Engwau, J
Legal Topics
Stay of Execution, Ex Parte Judgment, Taxation of Costs, Natural Justice, Appeal Pending, Land Eviction
Source Language
English
Civil Procedure Land and Property Stay of Execution Ex Parte Judgment Taxation of Costs Natural Justice Appeal Pending Land Eviction

Case Brief

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Parties

Asadi Semiko

Applicant

Maimuna Zirabamuzale

Respondent

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending the determination of the appeal.
  2. 2 Whether the order to vacate the suit land was made per incuriam.
  3. 3 Whether the taxation of costs and execution proceedings were conducted in breach of natural justice.

Ratio Decidendi

The court found that the applicant failed on the first ground, as the proper remedy for an ex parte judgment was to apply to set it aside, not to claim the order was per incuriam. On the issue of taxation of costs, the court held that natural justice required the applicant or his advocate to be served with the bill of costs or notice for appearance, even though the suit was heard ex parte. The court observed that the applicant's delay in filing the application for stay was significant, but recognized that the threatened execution would result in hardship to the applicant and his family, whose livelihood depended on the suit land. The court determined that granting a stay of execution was...

Court Disposition

stay of execution granted on terms

Orders

  • Applicant to deposit half the costs of the suit to the court.
  • Appeal pending to be disposed of as soon as possible.