[2024] UGHCFD 30
The court found that the reliefs sought in the present application had already been conclusively determined in Miscellaneous Applications 1515 of 2023 and 1450 of 2023, involving the same parties and issues. Applying Section 7 of the Civil Procedure Act, the court held that the matter was res judicata, as the issues...
Source-derived case information.
- Citation
- [2024] UGHCFD 30
- Parties
- Applicant: Erick Kiggundu; Respondent: Teddy Kyeyune Kaddu
- Court
- HC: Family Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 74 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution
- Outcome
- application dismissed as res judicata with costs to the respondent
- Judges
- Komuhangi, J
- Legal Topics
- Stay of Execution, Res Judicata, Divorce Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Kiggundu
Applicant
Teddy Kyeyune Kaddu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution is maintainable in light of previous decisions on the same issues.
- 2 Whether the matter is res judicata.
Ratio Decidendi
The court found that the reliefs sought in the present application had already been conclusively determined in Miscellaneous Applications 1515 of 2023 and 1450 of 2023, involving the same parties and issues. Applying Section 7 of the Civil Procedure Act, the court held that the matter was res judicata, as the issues had been directly and substantially in issue in previous proceedings and had been finally decided by a competent court. Consequently, the application for stay of execution was dismissed as it was barred by the doctrine of res judicata.
Court Disposition
application dismissed as res judicata with costs to the respondent
Orders
- The application is dismissed for being res judicata.
- Costs are awarded to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
## **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA (FAMILY DIVISION) MISCELLANEOUS APPLICATION NO. 0074 OF 2024** 5 **(ARISING OUT EMA NO. 0024 OF 2023, HCMA NO. 0542 of 2023 AND DIVORCE CAUSE NO. 0002 OF 2018)**
**ERICK KIGGUNDU================================APPLICANT**
#### **VERSUS**
10 **TEDDY KYEYUNE KADDU========================RESPONDENT**
# **BEFORE: HON. LADY JUSTICE ALICE KOMUHANGI KHAUKHA RULING**
#### **Introduction**
15 This is a Ruling in respect of an Application by Notice of Motion for Orders that:
(a) A stay of execution of EMA No. 0024 of 2023 be issued pending the hearing and disposal of HCM No. 1515 of 2023 and the main Appeal to the Court of Appeal vide CACA No. 1527 of 2024; and
(b)The costs of this Application be provided for.
#### **Representation**
When the Application came up for hearing, the Applicant was represented by Mr. Isaac Isabirye holding brief for Mr. Charles Serunjogi from Solace Advocates. The Respondent was represented by Mr. Lasto Byabakama from Tamale & Co.
25 Advocates.
### **Court's Decision**
Upon thorough perusal of the Application and the reliefs sought, I find that the same have been conclusively determined in Miscellaneous Applications 1515 of 2023 and Miscellaneous Application No. 1450 of 2023.
Section 7 of the Civil Procedure Act provides that:
*"No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent*
10 *to try the subsequent suit in which the issue has been subsequently raised, and has been heard and finally decided by that Court."*
This Application is therefore dismissed for being res judicata with costs to the Respondent.
**Dated at Kampala this 1st day of July 2024.**
............................................
Alice Komuhangi Khaukha
20 **JUDGE**
01/07/2024