Sebalamu Ganya v Yasmin Nalwoga (Misc.Civil Application No. 342 of 2017)
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Holding
The applicant sought a stay of execution of the Court of Appeal judgment in Civil Appeal No. 110 of 2011. Before the application was resolved, the Supreme Court determined Civil Appeal No. 14 of 2017, which was the appeal against that very Court of Appeal judgment, delivering judgment on 17 December 2018. The single Justice held that the Supreme Court's determination rendered the application to stay the Court of Appeal judgment irrelevant. Having been overtaken by events, the application was dismissed with no order as to costs.
Facts
The applicant sought a substantive order staying execution of the Court of Appeal judgment in Civil Appeal No. 110 of 2011, delivered on 12 October 2017. While the application was pending, the underlying dispute proceeded to the Supreme Court in Civil Appeal No. 14 of 2017 (Abubaker Sebalamu Ganya v Yasmin Nalwoga), which was an appeal against the same Court of Appeal judgment. The Supreme Court delivered its judgment on 17 December 2018. As a result, the application to stay the Court of Appeal judgment no longer served any purpose.
Issues
- Whether the application to stay execution of the Court of Appeal judgment in Civil Appeal No. 110 of 2011 remained live after the Supreme Court determined the appeal arising from that judgment.
Orders
- Application dismissed having been overtaken by events.
- No order made as to costs.