Wakilii

Wanainchi Group (U) Ltd v The New Vision Printing & Publishing Co. Ltd (Civil Application No. 132 of 2014)

Court of Appeal · [2015] UGCA 82 · 2015 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for an interim order of stay of execution pending determination of a substantive application for stay
Decision
Application for interim stay of execution dismissed with costs

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Holding

The Court of Appeal dismissed an application for an interim order of stay of execution of injunctive orders restraining alleged copyright infringement. While the applicant had lodged a notice of appeal and a substantive application for stay was pending, the court held that an interim stay also requires a serious threat of execution. As the disputed Bukedde TV signal had been off air on Zuku TV since February 2013 and no execution had been attempted since, the court was not persuaded that any imminent danger of execution existed. The application was found to have no merit and was dismissed with costs.

Facts

The respondent obtained a temporary injunction in the High Court restraining the applicant from infringing the respondent's copyright in the production, transmission and broadcast of "Bukedde Television" through the applicant's Zuku Television. The respondent alleged the applicant was retransmitting its work for economic gain without consent or licence. The applicant's application for review of the injunction was dismissed. The applicant filed a notice of appeal and a substantive application for stay of execution (Civil Application No. 131 of 2014), and brought the present application for an interim order of stay to preserve the status quo. The respondent opposed, contending that the Bukedde TV signal on Zuku TV had been off air since February 2013 and that no execution had been attempted since.

Issues

  1. Whether the applicant satisfied the conditions for the grant of an interim order of stay of execution.
  2. Whether there was a serious and imminent threat of execution justifying an interim stay.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Key headnotes

Civil Procedure — Interim Stay of Execution — Conditions for Grant
For an interim order of stay of execution, it suffices to show that a substantive application is pending and that there is a serious threat of execution before the hearing of that substantive application; it is unnecessary to pre-empt matters relevant to the substantive application.
Civil Procedure — Interim Stay — Requirement of Imminent Threat of Execution
Where the conduct sought to be restrained has long ceased and no execution has been attempted, there is no imminent or serious danger of execution, and an interim stay will be refused.
Civil Procedure — Forum for Applications — Rule 42(1) Court of Appeal Rules
Where an application may be made either in the Court of Appeal or the High Court, it must first be made in the High Court, save in special and rare circumstances justifying the Court of Appeal entertaining it directly.

Legislation cited (7)

  • Civil Procedure Act s.98
  • Judicature (Court of Appeal Rules) Directions r.2(2)
  • Judicature (Court of Appeal Rules) Directions r.6(2)(b)
  • Judicature (Court of Appeal Rules) Directions r.42(1)
  • Judicature (Court of Appeal Rules) Directions r.43
  • Judicature (Court of Appeal Rules) Directions r.53(2)
  • Judicature (Court of Appeal Rules) Directions r.76

Cases cited (4)

  • Hwang Sung Industries (U) Ltd v Tajdin Hussein & 2 Others (Civil Application No. 19 of 2008)
  • Joel Kato & Margaret Kato v Nuulu Nalwoga (Civil Application No. 12 of 2011)
  • Assimwe Francis v Tumwongyeirwe Aflod (Misc. Application No. 103 of 2011)
  • Lawrence Musiitwa Kyazze v Eunice Busingye (Civil Application No. 18 of 1990)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.