[2018] UGHCLD 52

[2018] UGHCLD 52

The court found that while the supplementary affidavit filed by the applicant was irregular and filed without leave of court after pleadings had closed, and was therefore struck off the record, the procedural defect in the application itself was curable under Article 126(2)(e) of the Constitution. On the merits, the...

Source-derived case information.

Citation
[2018] UGHCLD 52
Parties
Applicant: Amon Bazira; Respondent: Maurice Pater Kagimu K. K.
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
1 June 2018
Case Number
Misc. Application No. 1138 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application granted in part, subject to provision of security for costs
Judges
Kawesa, J
Legal Topics
Stay of Execution, Appeals Process, Security for Costs, Tenancy Disputes
Source Language
english
Civil Procedure Land and Property Stay of Execution Appeals Process Security for Costs Tenancy Disputes

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Parties

Amon Bazira

Applicant

Maurice Pater Kagimu K. K.

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for stay of execution of the decree should be granted pending appeal.
  2. 2 Whether the supplementary affidavit filed by the applicant should be struck out for being filed out of time and without leave of court.
  3. 3 Whether the application is incompetent for being brought under the wrong procedure.

Ratio Decidendi

The court found that while the supplementary affidavit filed by the applicant was irregular and filed without leave of court after pleadings had closed, and was therefore struck off the record, the procedural defect in the application itself was curable under Article 126(2)(e) of the Constitution. On the merits, the court held that the applicant satisfied the requirements for a stay of execution: there was a risk of substantial loss if execution proceeded, the application was made without unreasonable delay, and the applicant could provide security for due performance. The court emphasized that a notice of appeal is sufficient to found a stay application and that security for costs is a...

Court Disposition

application granted in part, subject to provision of security for costs

Orders

  • The supplementary affidavit filed by the applicant is struck off the record for being filed without leave of court.
  • Stay of execution of the decree in HCCS No.396 of 2014 is granted pending appeal, subject to the applicant providing security for costs amounting to half of the taxed costs granted in the main suit.