[2014] UGSC 405

[2014] UGSC 405

The Supreme Court held that it lacked jurisdiction to entertain an application for stay of execution arising from a decision of a single Justice of the Court of Appeal. The right of appeal to the Supreme Court is strictly statutory and only arises where the Court of Appeal, sitting as a properly constituted bench,...

Source-derived case information.

Citation
[2014] UGSC 405
Parties
Applicant: Lukwago Erias; Respondent: Attorney General; Respondent: Kampala Capital City Authority
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
21 August 2014
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Merits
Outcome
application struck out as incompetent
Legal Topics
Stay of Execution, Interim Injunctions, Jurisdiction of Single Judge, Judicial Review, Removal of Public Officer
Source Language
english
Civil Procedure Administrative Law Stay of Execution Interim Injunctions Jurisdiction of Single Judge Judicial Review Removal of Public Officer

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Parties

Lukwago Erias

Applicant

Attorney General

Respondent

Kampala Capital City Authority

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to entertain an application for stay of execution arising from a decision of a single Justice of the Court of Appeal.
  2. 2 Whether the application for stay of execution and injunction is competent before the Supreme Court.
  3. 3 Whether the applicant should have referred the matter to a panel of three Justices of the Court of Appeal before appealing to the Supreme Court.

Ratio Decidendi

The Supreme Court held that it lacked jurisdiction to entertain an application for stay of execution arising from a decision of a single Justice of the Court of Appeal. The right of appeal to the Supreme Court is strictly statutory and only arises where the Court of Appeal, sitting as a properly constituted bench, confirms, varies, or reverses a High Court decision. Section 12 of the Judicature Act and Rule 53 of the Court of Appeal Rules require that applications for injunctions and stay of execution be heard by a panel of three Justices, not a single Justice. The applicant's remedy was to refer the matter to a full bench of the Court of Appeal for review, after which an appeal to the...

Court Disposition

application struck out as incompetent

Orders

  • The matter is referred back to a bench of three Justices of the Court of Appeal to expeditiously hear and determine the application for stay of execution as a reference from the decision of Kavuma, Ag. DCJ.
  • The status quo is to be maintained until the application is disposed of.