[2019] UGCA 358
The application for stay of execution was rendered moot by the delivery of judgment in the substantive appeal (Court of Appeal Civil Appeal No. 185 of 2018). As the appeal had already been determined, there was no longer any decree to stay, and the application ceased to have any practical effect. The court therefore...
Source-derived case information.
- Citation
- [2019] UGCA 358
- Parties
- Applicant: The Registered Trustee of the Hindu Union; Respondent: Kagoro Epimac; Respondent: The Registrar of Titles; Respondent: Flugensia Tumwesigye
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application No. 303 of 2017
- Procedural Posture
- Stay Application / Ruling
- Outcome
- application dismissed as moot
- Judges
- Owiny-Dollo, DCJ, Egonda-Ntende, JA, Tuhaise, JA
- Legal Topics
- Stay of Execution, Appeal Process, Mootness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Registered Trustee of the Hindu Union
Applicant
Kagoro Epimac
Respondent
The Registrar of Titles
Respondent
Flugensia Tumwesigye
Respondent
Procedural Posture
Stay Application / Ruling
Legal Issues
- 1 Whether the application for stay of execution is maintainable after the appeal has been determined.
- 2 Whether costs should be awarded in a moot application.
Ratio Decidendi
The application for stay of execution was rendered moot by the delivery of judgment in the substantive appeal (Court of Appeal Civil Appeal No. 185 of 2018). As the appeal had already been determined, there was no longer any decree to stay, and the application ceased to have any practical effect. The court therefore dismissed the application for stay, finding that it was not maintainable in the circumstances. No order as to costs was made, reflecting the mootness of the application and the absence of any substantive dispute remaining for adjudication.
Court Disposition
application dismissed as moot
Orders
- The application for stay of execution is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
## THE REPUBLIC OF UGANDA
## IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
[Coram: Owiny-Dollo, DCJ, Egonda-Ntende & Tuhaise, JJA]
## Civil Application No. 303 of 2017
# (Arising from Court of Appeal Civil Appeal No.185 of 2018)
## **BETWEEN**
$=$ Applicant The Registered Trustee of the Hindu Union ==
#### **AND**
1. Kagoro Epimac
$=$ Respondents 2. The Registrar of Titles = 3. Flugensia Tumwesigye
### **RULING OF THE COURT**
- This is an application by way of motion brought under Rule 2 and Rule 6 (b) of $[1]$ the Judicature (Court of Appeal Rules) Directions S. I 13-10. The applicant seeks an order for stay of the decree in H. C. C. S No. 166 of 2010 pending the determination of Court of Appeal Civil Appeal N0. 185 of 2018. The applicant also prays for costs. - Court of Appeal Civil Appeal No.185 of 2018 and this application were heard on $[2]$ the same day and both the judgement and the ruling were to be delivered on notice. Due to the fact that judgment of the Court of Appeal in Civil Appeal N0. 185 of 2018 was delivered on the 26<sup>th</sup> June 2019, this application is rendered moot. - This application is therefore dismissed with no order as to costs. $[3]$
Signed, dated and delivered at Kampala this 25 day of Septi
Alfonse Owiny-Dollo **Deputy Chief Justice**
ANYANG (E) DI KEHING DIRE
edrick Egonda-Ntende **Justice of Appeal**
& Richards.
Percy Night Tuhaise **Justice of Appeal**
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