[2023] UGHCLD 68
The application for stay of execution was rendered moot because the execution of the orders in Civil Suit No.309 of 2015 had already been effected, and the subject matter was no longer in existence. The applicant's counsel had previously withdrawn a similar application before the Court of Appeal on the same grounds....
Source-derived case information.
- Citation
- [2023] UGHCLD 68
- Parties
- Applicant: Ronald Denis D'Ujanga; Respondent: Babra Harriet Babirye; Respondent: Francis Namenya; Respondent: Mukasa Henry
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 1011 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed as overtaken by events
- Judges
- Nkonge, J
- Legal Topics
- Stay of Execution, Appellate Procedure, Costs Award, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Denis D'Ujanga
Applicant
Babra Harriet Babirye
Respondent
Francis Namenya
Respondent
Mukasa Henry
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application for stay of execution is maintainable given the execution has already been effected.
- 2 Whether costs should be awarded to the respondents.
Ratio Decidendi
The application for stay of execution was rendered moot because the execution of the orders in Civil Suit No.309 of 2015 had already been effected, and the subject matter was no longer in existence. The applicant's counsel had previously withdrawn a similar application before the Court of Appeal on the same grounds. As a result, the High Court found that there was no basis to grant the stay, and the application was overtaken by events. Costs were awarded to the respondents as the successful parties.
Court Disposition
application dismissed as overtaken by events
Orders
- The application for stay of execution is dismissed.
- Costs are awarded to the respondents.
Full Case Text
Judgment text and source record
31 paragraphs
# THE REPUBLIC OF UGANDA
# IN THE HIGH COURT OF UGANDA AT KAMPALA
#### (LAND DIVISION)
#### **MISCELLANEOUS APPLICATION NO.1011 OF 2022**
$\mathsf{S}$
#### (Arising out of Civil Suit No.309 of 2015)
### RONALD DENIS D'UJANGA:::::::::::::::::::::::::::::::::::
### **VERSUS**
### 1. BABRA HARRIET BABIRYE
- 2. FRANCIS NAMENYA - 10 3. MUKASA HENRY::::::::::::::::::::::::::::::::::::
## Before: Lady Justice Alexandra Nkonge Rugadya.
### Ruling.
#### Introduction:
The applicant brought this application by notice of motion under the provisions of **Sections**
15 92 & 98 of the Civil Procedure Act cap. 71, and Orders 43 rule 41 & Order 52 rules 1 & 3 of the Civil Procedure Rules SI 71-1 seeking orders that;
1. An order doth issue against the respondents to stay execution of orders against the applicant vide Civil Suit No.309 of 2015 until the final determination of Civil Appeal No.212 of 2022;
#### 20
## 2. Costs of the application be provided for.
#### Decision of court:
I have carefully perused the pleadings and submissions filed by each side in relation to this application. It has however come to my attention that another application which is similar in nature was filed and concluded by the Court of Appeal, presided over by Justice of Appeal F. M. S. Egonda Ntende. (Ref. MA No. 0038 of 2023).
As clearly reflected in the proceedings of the appellate court dated 23<sup>rd</sup> February, 2023, whereby counsel Seninde representing the applicant/appellant withdrew the application for stay of execution of the orders of this court, on the ground that execution had already been
30 effected. Since as confirmed the subject matter is no longer in existence this application has therefore been overtaken by events.
Costs awarded to the respondents.
1 Unlow of
Palsung
Alexandra Nkonge Rugadya
**Judge**
. . . . . . . . . . . .
$\mathbf{L}$
20<sup>th</sup> March, 2023
Delivered by each<br> Onlong<br> $\frac{1}{24|3|}$ $\frac{1}{2023}$