[2019] UGCA 2076

[2019] UGCA 2076

The applicant has satisfied the requirements for grant of an interim stay of execution: a competent Notice of Appeal has been lodged, a substantive application for stay is pending, and there is credible evidence of a serious threat of execution against the applicant, including imminent committal to civil prison for non-payment of taxed costs. There is no evidence of dilatory conduct or abuse of process by the applicant. The interim order is necessary to preserve the status quo and prevent the substantive application and appeal from being rendered nugatory. The court exercises its discretion under Rule 2(2) of the Judicature (Court of Appeal Rules) Directions to grant the interim stay...

Citation
[2019] UGCA 2076
Parties
Applicant: Ssentongo Denis; Respondent: Kagimu Bashir
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
28 August 2019
Case Number
Misc. Application No. 122 of 2019
Procedural Posture
Miscellaneous Application / Interim Stay Application Pending Substantive Stay and Appeal
Outcome
application allowed
Judges
Kasule, Ag. JA
Legal Topics
Stay of Execution, Interim Orders, Appeal Rights, Landlord and Tenant Disputes
Source Language
English
Civil Procedure Land and Property Stay of Execution Interim Orders Appeal Rights Landlord and Tenant Disputes

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Parties

Ssentongo Denis

Applicant

Kagimu Bashir

Respondent

Procedural Posture

Miscellaneous Application / Interim Stay Application Pending Substantive Stay and Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an interim order staying execution pending determination of the substantive application and appeal.
  2. 2 Whether there is a serious threat of execution against the applicant before the substantive application is determined.
  3. 3 Whether the requirements for grant of an interim stay under Rule 2(2) of the Judicature (Court of Appeal Rules) Directions are satisfied.

Ratio Decidendi

The applicant has satisfied the requirements for grant of an interim stay of execution: a competent Notice of Appeal has been lodged, a substantive application for stay is pending, and there is credible evidence of a serious threat of execution against the applicant, including imminent committal to civil prison for non-payment of taxed costs. There is no evidence of dilatory conduct or abuse of process by the applicant. The interim order is necessary to preserve the status quo and prevent the substantive application and appeal from being rendered nugatory. The court exercises its discretion under Rule 2(2) of the Judicature (Court of Appeal Rules) Directions to grant the interim stay...

Court Disposition

application allowed

Orders

  • Execution of the decree of the High Court, Masaka in Civil Appeal No. 35 of 2016 and Masaka Chief Magistrate's Grade I Court Judgment/Decree in Civil Suit No. 68 of 2010 is stayed pending disposal of the applicant's substantive application for stay No. 121 of 2019 or final disposal of Court of Appeal Civil Appeal...
  • Recovery of taxed costs from the applicant is also stayed in the same terms as above.