[2021] UGCA 130
The court determined that maintaining the status quo is necessary to facilitate the hearing and final disposal of the main application. Since the respondent conceded to the stay, the court ordered that the swearing in of Kitandwe Amir be stayed until the main application is decided. Costs will abide the result of...
Source-derived case information.
- Citation
- [2021] UGCA 130
- Parties
- Applicant: Serebe Apollo Kagolo; Respondent: The Electoral Commission
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Election Petition Appeal No. Miscellaneous Application No. 2 of 2021 ; Election Petition Appeal No. Miscellaneous Application No. 3 of 2021
- Procedural Posture
- Election Petitions / Ruling on Stay Application
- Outcome
- Stay of execution granted; status quo to be maintained pending determination of the main application.
- Judges
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Legal Topics
- Stay of Execution, Interim Orders, Maintenance of Status Quo
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serebe Apollo Kagolo
Applicant
The Electoral Commission
Respondent
Procedural Posture
Election Petitions / Ruling on Stay Application
Legal Issues
- 1 Whether the swearing in of Kitandwe Amir as LC1 Elect for Nsagu Central Cell should be stayed pending determination of the main application.
- 2 Whether the status quo should be maintained until the main application is disposed of.
Ratio Decidendi
The court determined that maintaining the status quo is necessary to facilitate the hearing and final disposal of the main application. Since the respondent conceded to the stay, the court ordered that the swearing in of Kitandwe Amir be stayed until the main application is decided. Costs will abide the result of the main application.
Court Disposition
Stay of execution granted; status quo to be maintained pending determination of the main application.
Orders
- The swearing in of Kitandwe Amir as LC1 Elect for Nsagu Central Cell is stayed until the main application is determined.
- Costs shall abide the result of the main application.
Full Case Text
Judgment text and source record
19 paragraphs
## **THE REPUBLIC OF UGANDA**
# **IN THE COURT OF APPEAL OF UGANDA AT KAMPALA**
### *(MADRAMA, MULYAGONJA, MUGENYI, JJA]*
# **ELECTION PETITION APPLICATIONS NO.0002 OF 2021 & 0003 OF 2021**
**SEREBE APOLLO KAGOLO.......................................... APPLICANT**
#### **VERSUS**
**THE ELECTORAL COMMISSION............................... RESPONDENT**
## **RULING OF THE COURT**
The applicant filed Election Petition Application No. 2 of 2021 for an order to stay the swearing in of Kitandwe Amir, the LC1 Elect for the Nsagu Central Cell, pending the hearing of an application to set aside the decision of this court in Election Misc. Application No 02. of 2021, arising from Election Appeal No 5. of 2020. He also filed an application for an interim order to the same effect.
When the main application came up for hearing, it was adjourned for judgment to be given on notice.
The court then called the two applications for stay of execution for hearing. Counsel for the respondent in both applications conceded that the status quo should prevail till the decision is delivered in the main application, No. <sup>1</sup> of 2021.
We agree that the status quo ought to be maintained to facilitate the hearing and final disposal of the main application. Costs shall abide the result *of the* main application.
It is so ordered.
Dated at Kampala this 2021
**Christopher Izama Madrama**
**JUSTICE OF APPEAL**
**JUSTICE OF APPEAL**
**Monica Mugenyi**
**JUSTICE OF APPEAL**