Wakilii

The Registered Trustee of the Hindu Union v Kagoro & 2 Ors (Civil Application No. 303 of 2017)

Court of Appeal · [2019] UGCA 358 · 2019 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for stay of execution of a High Court decree pending determination of a Court of Appeal civil appeal
Decision
Application for stay of execution dismissed as moot because the underlying appeal had already been determined

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Cited — treatment unverified cited in 2 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions — always read the source judgment before relying on it.

Holding

The applicant sought a stay of execution of the decree in H.C.C.S No. 166 of 2010 pending determination of Court of Appeal Civil Appeal No. 185 of 2018. The Court noted that the appeal and this application were heard the same day, and that judgment in the appeal had already been delivered on 26 June 2019. The application for a stay pending that appeal was therefore rendered moot, and the Court dismissed it with no order as to costs.

Facts

The applicant, The Registered Trustee of the Hindu Union, brought a motion under Rule 2 and Rule 6(6) of the Judicature (Court of Appeal Rules) Directions seeking a stay of execution of the decree in H.C.C.S No. 166 of 2010 pending determination of Court of Appeal Civil Appeal No. 185 of 2018. The application also sought costs. The appeal and the application were heard on the same day, with both the judgment and ruling to be delivered on notice. Judgment in Civil Appeal No. 185 of 2018 was delivered on 26 June 2019, before this ruling was delivered. As the appeal which the stay was meant to preserve had already been concluded, the application for a stay pending that appeal had no continuing purpose.

Issues

  1. Whether the application for stay of execution remained competent after the related appeal had already been determined.

Orders

  • Application dismissed.
  • No order as to costs.

Key headnotes

Civil Procedure — Stay of Execution — Mootness Where Underlying Appeal Already Determined
An application for stay of execution pending the determination of an appeal is rendered moot, and falls to be dismissed, once judgment in that appeal has already been delivered.

Legislation cited (2)

  • Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 2
  • Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 6(6)
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.