[2020] UGCA 90
The application for stay of execution was dismissed because the Supreme Court had already delivered judgment on the appeal against the Court of Appeal decision, making the application irrelevant and overtaken by events. The operative legal principle is that once a higher court has determined the substantive matter,...
Source-derived case information.
- Citation
- [2020] UGCA 90
- Parties
- Applicant: Abubaker Sebalamu Ganya; Respondent: Yasmin Nalwoga
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Misc.Civil Application No. 342 of 2017
- Procedural Posture
- Stay Application / Ruling
- Outcome
- dismissed
- Judges
- Kasule, JA
- Legal Topics
- Stay of Execution, Appeal Process, Dismissal of Application
- 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
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 appeal.
- 2 Whether any orders should be made as to costs in light of the application being overtaken by events.
Ratio Decidendi
The application for stay of execution was dismissed because the Supreme Court had already delivered judgment on the appeal against the Court of Appeal decision, making the application irrelevant and overtaken by events. The operative legal principle is that once a higher court has determined the substantive matter, any interlocutory applications relating to the lower court's judgment become moot. No order was made as to costs, reflecting the fact that the application was not decided on its merits but was dismissed due to procedural developments.
Court Disposition
dismissed
Orders
- This application stands dismissed.
- No order is made as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
### THE REPUBLIC OF UGANDA
$\mathfrak{t}$
# In the Court of Appeal of Uganda
### At Kampala
# Miscellaneous Application No. 342 of 2017
Abubaker Sebalamu Ganya :::::::::::::::::::::::::::::::::::
#### Versus
Yasmin Nalwoga ::::::::::::::::::::::::::::::::::::
#### Coram: Hon. Justice Remmy Kasule, Ag. JA, sitting as a single Justice
## **Ruling**
The applicant through this Application sought a substantive order to stay execution of the Judgment of the **Court of Appeal in Civil** Appeal No. 110 of 2011 delivered by this Court on 12<sup>th</sup> October, 2017.
The resolution of this application was however overtaken by the fact that Supreme Court Civil Appeal No. 14 of 2017: Abubaker Sebalamu Ganya vs Yasmin Nalwoga, which was an appeal against the Court of Appeal Judgment in Civil Appeal No. 110 of 2011, was pursued in the Supreme Court and Judgment in the same was delivered on 17<sup>th</sup> December, 2018. This rendered irrelevant this application (342 of 2017) to stay the Court of Appeal Judgment in Civil Appeal No. 110 of 2011.
In the circumstances, this application, having been overtaken by events stands dismissed.
No order is made as to costs.
$\big\lfloor$
$\overline{B}$
$#$ Dated at Kampala this .................................... 2020. $\mathbb{I}$ $\cdot$
$ie$ Rem Ag. Justice of Appeal