[2015] UGHCFD 12

[2015] UGHCFD 12

The court held that while the stay of execution and taxation of costs was not opposed by the respondents, the applicant is required by law to deposit security for costs as a condition for the stay of execution pending appeal. This requirement is mandated by Order 43 rule 4(3)(c) of the Civil Procedure Rules and...

Source-derived case information.

Citation
[2015] UGHCFD 12
Parties
Applicant: George William Kalule; Respondent: Norah Nassozi; Respondent: Thomas Kalinabiri
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
20 April 2015
Case Number
Misc. Aplic.No. 25 of 2015
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application granted in part
Judges
Tuhaise, J
Legal Topics
Stay of Execution, Security for Costs, Taxation of Costs, Appeal Procedure
Source Language
english
Civil Procedure Family and Children Stay of Execution Security for Costs Taxation of Costs Appeal Procedure

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Summary, issues, holding and outcome

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Parties

George William Kalule

Applicant

Norah Nassozi

Respondent

Thomas Kalinabiri

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the execution of the decree and taxation of the Bill of Costs in Civil Appeal 05/2012 should be stayed pending appeal.
  2. 2 Whether the applicant is required to deposit security for costs as a condition for stay of execution.

Ratio Decidendi

The court held that while the stay of execution and taxation of costs was not opposed by the respondents, the applicant is required by law to deposit security for costs as a condition for the stay of execution pending appeal. This requirement is mandated by Order 43 rule 4(3)(c) of the Civil Procedure Rules and supported by relevant case law. The court found that part of its earlier order regarding stay of taxation of the Bill of Costs was redundant, as the applicant's counsel had already conceded to the taxation proceeding before the Registrar. Ultimately, the court granted the stay of execution on condition that the applicant deposits the taxed costs in court as security for costs.

Court Disposition

application granted in part

Orders

  • Execution of the decree in Civil Appeal 05/2012 is stayed pending appeal.
  • Applicant shall deposit the taxed costs in court as security for costs for stay of execution.