Sebalamu Ganya v Nalwoga (Miscellaneous Application 342 of 2017)
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Holding
The applicant sought a substantive order to stay execution of the Court of Appeal judgment in Civil Appeal No. 110 of 2011. By the time of determination, the underlying matter had been appealed to the Supreme Court (Civil Appeal No. 14 of 2017) and judgment delivered on 17 December 2018. The single Justice held that the Supreme Court's determination rendered the stay application irrelevant. The application, having been overtaken by events, was dismissed with no order as to costs.
Facts
The applicant filed an application seeking a substantive order to stay execution of the Court of Appeal judgment in Civil Appeal No. 110 of 2011, which was delivered on 12 October 2017. While the application was pending, the applicant pursued an appeal to the Supreme Court against that Court of Appeal judgment in Supreme Court Civil Appeal No. 14 of 2017. The Supreme Court delivered judgment on 17 December 2018. The determination of the appeal by the Supreme Court rendered the application to stay execution of the Court of Appeal judgment irrelevant.
Issues
- Whether the application to stay execution of the Court of Appeal judgment should be granted where the matter had been pursued to and determined by the Supreme Court.
Orders
- Application dismissed, having been overtaken by events.
- No order is made as to costs.