Uganda National Examinations Board v Mparo General Contractors Limited (Civil Application No. 31 of 2003)

The full judgment

Read the complete, verbatim text of this judgment.

Holding

The applicant, a statutory body, sought an interim order of stay of execution in Arbitration Cause No. 3 of 2000 pending the hearing of its substantive application for stay. The court accepted that the time taken by the statutory body to sign a cheque of UGX 160,085,370 may have been long, that the applicant had come to court without delay, and that the respondent would suffer no injustice if the interim stay were granted. Finding the application meritorious, the single Justice of Appeal granted an interim order of stay of execution effective up to 15 May 2003.

Facts

The applicant, Uganda National Examinations Board, was involved in Arbitration Cause No. 3 of 2000 against the respondent. In Miscellaneous Application No. 614 of 2002, Okumu-Wengi J granted a stay of execution on 28 November on condition that the applicant deposit a cheque for UGX 160,085,370 in court within 21 days. The cheque was deposited one day late and was refused by the Registrar. The applicant's subsequent application for extension of time (Application No. 847 of 2002) was dismissed on 20 March 2003. The applicant then filed a substantive application for stay (Civil Application No. 23 of 2003) in the Court of Appeal, and brought the present application seeking an interim order of stay of execution pending the hearing of that substantive application.

Issues

1. Whether the applicant satisfied the conditions for the grant of an interim order of stay of execution pending the hearing of the substantive application for stay.

Orders

• The interim order of stay of execution in Arbitration Cause No. 3 of 2000 is granted up to 15th May 2003.

Key headnotes

Legislation cited (3)

• Rules of the Court of Appeal rule 1(3)
• Rules of the Court of Appeal rule 42(1)
• Rules of the Court of Appeal rule 42(2)