[2020] UGCA 2145
The application for stay of execution was dismissed because the Supreme Court had already delivered its judgment in the substantive appeal, thereby rendering the application for stay of the Court of Appeal judgment irrelevant and overtaken by events. The court found that there was no longer any judgment to stay, as...
Source-derived case information.
- Citation
- [2020] UGCA 2145
- Parties
- Applicant: Abubaker Sebalamu Ganya; Respondent: Yasmin Nalwoga
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 342 of 2017
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution
- Outcome
- application dismissed as moot
- Judges
- Kasule, Ag. JA
- Legal Topics
- Stay of Execution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abubaker Sebalamu Ganya
Applicant
Yasmin Nalwoga
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution of the Court of Appeal judgment is still relevant after the Supreme Court has delivered its judgment on the substantive appeal.
Ratio Decidendi
The application for stay of execution was dismissed because the Supreme Court had already delivered its judgment in the substantive appeal, thereby rendering the application for stay of the Court of Appeal judgment irrelevant and overtaken by events. The court found that there was no longer any judgment to stay, as the matter had been conclusively determined by the Supreme Court. Accordingly, the application was dismissed as moot.
Court Disposition
application dismissed as moot
Orders
- The application is dismissed as having been overtaken by events.
- No order is made as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
#### THE REPUBLIC OF UGANDA
# In the Court ofAppeal ofUganda
#### At Kampala
## Miscellaneous Application No. 342 of 2OlT
Abubaker Sebalamu Ganya : : : : : : : : : : : : :: : : : : : : :: : : : : :: : : : : : : Applicant
#### Versus
Yasmin Nalwoga Respondent
### Coram: Hon. Justice Remmy Kasule, Ag. JA, sitting as <sup>a</sup> single Justice
a
o
# Ruling
The applicant through this Application sought a substantive order to stay execution of the Juclgment of the Court of Appeal in Civil Appeal No. 11O of 2O11 delivered by this Court on 12th October, 20t7.
The resolution of this application was however overtaken by the fact that Supreme Court Civil Appeal No. 14 of 2OL7: Abubaker Sebalamu Ganya vs Yasmin Nalwoga, which was an appeal against the Court of Appeal Judgment in Civil Appeal No. 11O of 20ll, was pursued in the Supreme Court and Judgment in the same was delivered on 17th December, 2O18. This rendered irrelevant this application (342 of 2017) to stay the Court of Appeal Judgment in Civil Appeal No. 11() of 2O11.
In the circumstances, this application, having been overtaken by events stands dismissed.
No order is made as to costs.
$\mathcal{H}_{\mathcal{L}}$ Dated at Kampala this $\begin{matrix} \downarrow \searrow \\ \downarrow \searrow \end{matrix}$ day of ....... $\mathcal{A}$ $\ldots 2020.$ Remmy
Ag. Justice of Appeal