[2021] UGSC 2
The Supreme Court found that the application raised substantially important points of law that warranted the grant of an interim stay of execution. Exercising its discretion under Rule 2(2) of the Supreme Court Rules, the Court determined that it was just and equitable to preserve the status quo by staying the...
Source-derived case information.
- Citation
- [2021] UGSC 2
- Parties
- Applicant: Attorney General; Applicant: Director of Public Prosecutions; Respondent: Bob Kasango
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Constitutional Application 2 of 2021
- Procedural Posture
- Constitutional Application / Ruling on Ex Parte Interim Stay Application
- Outcome
- application allowed; interim stay of execution granted
- Judges
- Owiny-Dollo, CJ, Arach-Amoko, JSC, Opio-Aweri, JSC, Mugamba, JSC, Muhanguzi, JSC
- Legal Topics
- Stay of Execution, Interim Orders, Constitutional Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Director of Public Prosecutions
Applicant
Bob Kasango
Respondent
Procedural Posture
Constitutional Application / Ruling on Ex Parte Interim Stay Application
Legal Issues
- 1 Whether the applicants are entitled to an interim stay of execution of the orders of the Constitutional Court pending determination of the substantive application for stay.
- 2 Whether the matters raised in the application constitute substantially important points of law warranting the grant of an interim order.
Ratio Decidendi
The Supreme Court found that the application raised substantially important points of law that warranted the grant of an interim stay of execution. Exercising its discretion under Rule 2(2) of the Supreme Court Rules, the Court determined that it was just and equitable to preserve the status quo by staying the execution of the Constitutional Court's orders in Constitutional Petition No. 16 of 2016 dated 18th March, 2021. The interim order was granted to remain in force until the disposal of the substantive application for stay of execution or any other order of the Court. The Court also directed that costs would be in the cause.
Court Disposition
application allowed; interim stay of execution granted
Orders
- An interim order is granted staying execution of the orders of the Constitutional Court in Constitutional Petition No. 16 of 2016 dated 18th March, 2021.
- The interim order shall remain in force until the disposal of Constitutional Application No. 1 of 2021 for stay of execution or any other order of the Supreme Court.
Full Case Text
Judgment text and source record
20 paragraphs
## THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA
## CORAM: OWINY - DOLLO C. J; ARACH-AMOKO; OPIO-AWERI; MUGAMBA; MUHANGUZI; JJ. S. C.
# CONSTITUTIONAL APPLICATION NO. 02 OF 2021
(Arising from Constitutional Application No. 1 of 2021 and Constitutional Petition No. 16 of 2016)
#### 1. ATTORNEY GENERAL 15
2. THE DIRECTOR OF PUBLIC PROSECUTIONS::::::::::::::::::::::::::::::::::::
**VERSUS**
BOB KASANGO::::::::::::::::::::::::::::::::::::
$\mathsf{S}$
### RULING OF THE COURT
We have heard this application ex-parte pursuant to the powers of this Court under Rule 2(2) of the Supreme Court Rules.
We have given the application due consideration.
We find that the matters raised in the application are substantially important points of law for the Court's consideration
Accordingly, we allow the application and hereby grant an 30 interim order staying the execution of the orders of the Constitutional Court in Constitutional Petition No. 16 of 2016 dated 18<sup>th</sup> March, 2021.
$\mathbf{1}$
This Order shall remain in force till the disposal of the $\mathsf{S}$ substantive application No. 1 of 2021, for stay of execution or any other order of this Court.
Costs shall be in the cause.
Dated at Kampala this 31<sup>st</sup> day of March, 2021
Alfonse C. Owiny - Dollo 15 **Chief Justice** Stella Arach-Amoko Justice of the Supreme Court 20 Rubby Opio-Aweri Justice of the Supreme Court $25$ Paul Mugamba Justice of the Supreme Court 30 Ezekiel Muhanguzi Justice of the Supreme Court 35
$\overline{2}$