[2003] UGSC 46
The Supreme Court found merit in the applicant's request for an interim stay of execution, determining that the urgency and risk of irreparable harm justified restraining the respondent from executing the consent order and from disposing of or damaging the subject properties. The orders were made to preserve the...
Source-derived case information.
- Citation
- [2003] UGSC 46
- Parties
- Applicant: Hussien Taherali Amji Malkan; Respondent: Hussien Abdulla Hamdan
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application 17 of 2003
- Procedural Posture
- Stay Application / Interim Order
- Outcome
- application granted
- Judges
- Oder, JSC
- Legal Topics
- Stay of Execution, Interim Orders, Consent Order, Compromise Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussien Taherali Amji Malkan
Applicant
Hussien Abdulla Hamdan
Respondent
Procedural Posture
Stay Application / Interim Order
Legal Issues
- 1 Whether the applicant is entitled to an interim stay of execution of the consent order dated 7th October 2002.
- 2 Whether the respondent should be restrained from disposing of or damaging properties pending determination of the compromise agreement.
Ratio Decidendi
The Supreme Court found merit in the applicant's request for an interim stay of execution, determining that the urgency and risk of irreparable harm justified restraining the respondent from executing the consent order and from disposing of or damaging the subject properties. The orders were made to preserve the status quo until the settlement cum compromise agreement is set aside or until further order of the court. Costs were reserved to be determined in the main cause.
Court Disposition
application granted
Orders
- The respondent Hussein Abdulla Hamdan is restrained from execution of the consent order dated 7th October 2002 arising from the settlement cum compromise agreement dated 2nd October 2002 in Supreme Court Civil Appeal No. 9 of 2002 until the agreement is set aside or until further order of the court.
- The respondent is restrained from disposing of or damaging properties on plots Nos. 30, 32 and 102/104, William Street, Kampala, or evicting tenants therefrom until the occurrence of the events specified above.
Full Case Text
Judgment text and source record
17 paragraphs
## THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA **CIVIL APPLICATION NO. 17 OF 2003 BETWEEN**
HUSSIEN TAHERALI AMJI MALKAN:::::::::::::::::::::::::::::::::::
## $AND$
**HUSSIEN ABDULLA** HAMDAN:::::::::::::::::::::::::::::::::::
HON. JUSTICE ODER. ISC, **BEFORE:**
## ORDER OF THE COURT
The applicant Hussien Taherali Amiji Malkan, brought this application under rule $1(3)$ ,
5. 2, 41 (1), (2), (3) (a) and (b). 46 (2) of the rules of this court.
The application is brought ex parts under rule $46(2)$ of rules of this court. The appellant's counsel, Mr. Apollo. N. Makubuya filed a certificate of urgency for that purpose on 10<sup>th</sup>-September-2003.
The application seeks an interim order staying execution of the consent order dated 7<sup>th</sup>-October-2002 arising from a settlement cum compromise agreement dated 2<sup>nd</sup>-October-2002 in Civil Appeal No. 9/2000 of this court
I have read the affidavit of Hussein T Amji Malkan the applicant, filed in support of the application. I have also heard the arguments of Mr. Apollo. N. Makubuya, the applicant's learned counsel in this application.
I am convinced that there is merit in this application and that it should be granted. Accordingly the appllication is hereby granted with the following orders:
- (a) That respondent Hussein Abdulla Hamdani be and is hereby restrained from execution of the consent order dated 7<sup>th</sup> 10 2002 arising from a settlement cum comprise agreement dated 2<sup>nd</sup> 10 2002 in Supreme Court Civil Appeal No. 9 of 2002 until the said settlement cum compromise agreement is set aside or until further order of the court. - (b) That the respondent Hussein Abdalla Hamdani is restrained from disposing of or damaging properties on plots Nos. 30, 32 and 102/104, William street Kampala or to evict the tenants there from until the occurrence of the events in (b) above.
(c) That the costs of this application shall be costs in the cause.
The reasons for this order shall be given on notice to the parties.
Dated at Mengo this 25<sup>th</sup> day of September ,2003.
HON. JUSTICE . A. H. O. ODER. JUSTICE OF THE SUPREME COURT.