[2003] UGCA 41
The court found that the applicant, being a statutory body, may require more time to process large payments, and that the delay in depositing the cheque was minimal and not indicative of bad faith or undue delay. The court was satisfied that granting an interim stay of execution would not cause injustice to the...
Source-derived case information.
- Citation
- [2003] UGCA 41
- Parties
- Applicant: Uganda National Examinations Board; Respondent: Mparo General Contractors Limited
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application No. 31 of 2003
- Procedural Posture
- Stay Application / Interim Application for Stay of Execution Pending Substantive Application
- Outcome
- interim stay of execution granted
- Judges
- Kitumba, JA
- Legal Topics
- Stay of Execution, Interim Orders, Arbitration Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda National Examinations Board
Applicant
Mparo General Contractors Limited
Respondent
Procedural Posture
Stay Application / Interim Application for Stay of Execution Pending Substantive Application
Legal Issues
- 1 Whether an interim order of stay of execution should be granted pending the hearing of the substantive application.
- 2 Whether the delay in depositing the cheque by the applicant justifies refusal of the stay.
Ratio Decidendi
The court found that the applicant, being a statutory body, may require more time to process large payments, and that the delay in depositing the cheque was minimal and not indicative of bad faith or undue delay. The court was satisfied that granting an interim stay of execution would not cause injustice to the respondent, and that the applicant had acted promptly in seeking relief. Therefore, the application for an interim order of stay of execution was granted pending the hearing of the substantive application.
Court Disposition
interim stay of execution granted
Orders
- An interim order of stay of execution in Arbitration Cause No. 3 of 2000 is granted up to 15th May 2003.
Full Case Text
Judgment text and source record
17 paragraphs
### THE REPUBLIC OF UGANDA
### IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
## CORAM: HON. LADY IUSTICE C. N. B. KITUMBA, JA
#### CIVIL APPLICATION NO. 31 OF 2OO3
# UGAN DA NATIONAT EXAMINATIONS BOARD: : : : : : : : : : : : : : : :APPLICANT VERSUS
#### MPARO GENERAL CONTRACTORS LIMITED: : : : : ; : : : : : : : : : :RESPONDENT
#### RULTNG OF C. N. B. KITUMBA, ]A
This is an application brought by notice of motion Rules 1 (3) a2 (1) (2) of the Rules of this court. It seeks for an interim order of stay of execution in Arbitration Cause No. 3 of 2000, pending the hearing of the substantive application that is Civil Application No. 23 of 2003 of this court.
I have read the Notice of Motion and the supporting affidavits and heard the submissions by Mr. Ssekatawa counsel for the applicant.
Okumu-Wengi l. heard Miscellaneous Application No. 614 of 2002 and on 28th November granted stay of execution. The applicant had to deposit the cheque in court within 21 days. The amount was 160,085,370/=. The cheque was deposited in court one day late and was refused by the Registrar.
Application No.84712002, which was filed by the applicant seeking for extension of time was also dismissed on 201312003. Hence this application for stay in this court which is now seeking for an interim order of stay pending he hearing of the substantive application.
I appreciate that the applicant is a statutory body and the time taken to sign a cheque of 160,085,370/= might have been long. The applicant has come to court without delay. I do not think that the respondent will suffer any injustices if an interim order of stay is granted.
I find the application has merit. The interim order of stay of execution in Arbitration Cause No. 3 of 2000 is granted up to 15th May 2003.
Dated at Kampala this dl day of .... PQs.l 2003.
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C. N. B. KTTUMBA JUSTICE OF APPEAL
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