Namuli v Tibahwerwayo (Civil Application No. 76 of 2022)

Court of Appeal · [2022] UGCA 121 · 2022 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application for an interim stay of execution pending the hearing of the main application before the Court of Appeal

Decision

Interim stay of execution granted, to lapse on 12 June 2022, pending hearing of the main application

The full judgment

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Cited — treatment unverified cited in 1 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The single Justice granted an interim stay of execution of the High Court ruling and orders pending the hearing of the main application before the Court of Appeal. Although both parties filed their written submissions out of time and the Court would ordinarily have dismissed the application, the Justice invoked Rule 2(2) of the Rules of the Court of Appeal in the interest of justice and allowed the application with a warning to the parties to strictly comply with the Court's directives. The stay was ordered to lapse on 12 June 2022, by which date the Registrar was directed to fix the main application for hearing.

Facts

The applicant sought an interim stay of execution of the ruling and orders of Justice Ketrah Katunguka of the High Court dated 12 September 2019 in High Court Civil Appeal No. 33 of 2016 and Nakawa Divorce Cause No. 11 of 2016, pending the hearing of the main application before the Court of Appeal. The application was supported by an affidavit deposed by the applicant, and the respondent filed an affidavit in reply. The Court directed the parties to file written submissions, with the applicant directed to file by 4 April 2022 and the respondent by 11 April 2022. The applicant filed her submissions on 11 April 2022 and the respondent filed his on 12 April 2022, both out of time.

Issues

Whether an interim stay of execution should be granted pending the hearing of the main application.
Whether the application should be dismissed for failure of the parties to file written submissions within the time directed by the Court.

Orders

An interim stay of execution is granted in the terms set out in the Notice of Motion.
The order shall lapse on 12th June, 2022.
The Registrar is directed to fix the main application for hearing before 12th June, 2022.
Costs shall abide the result of the main application.

Key headnotes

Civil Procedure — Stay of Execution — Interim Stay Pending Hearing of Main Application

A court may grant an interim stay of execution to preserve the status quo pending the hearing of the substantive application for stay of execution.

Civil Procedure — Non-Compliance with Court Directions — Discretion in the Interest of Justice

Although failure by the parties to file written submissions within the time directed may warrant dismissal of an application, the court may, in the interest of justice and pursuant to Rule 2(2) of the Rules of the Court of Appeal, allow the application to proceed with a warning to comply with directives.

Legislation cited (1)

Rules of the Court of Appeal (Judicature (Court of Appeal Rules) Directions) Rule 2(2)

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.