Uganda Electricity Distribution Company Limited v Okello and 41 Others (Civil Application No. 127 of 2021)
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Holding
The Court considered the conditions for granting an interim order of stay of execution under Rule 6(2)(b) of the Court of Appeal Rules, namely that a Notice of Appeal has been lodged, a substantive application for stay is pending, and there is a serious threat of execution. The applicant's Notice of Appeal had been struck off for being filed out of time, so no appeal was pending before the Court. The Court held that the applicant had not fulfilled the conditions warranting an interim stay and dismissed the application as devoid of merit, with costs.
Facts
Following a 2010 High Court judgment in H.C.C.S No. 85 of 2004, the applicant sought to challenge an award of interest on the respondents' valued properties. Its application for extension of time to file a Notice of Appeal was dismissed, and its Notice of Appeal was struck off as filed out of time without leave. Successive references to a single Justice and to the full bench (Civil Reference No. 45 of 2014) were dismissed. The applicant claimed the reference panel was improperly constituted because the original trial judge sat on it, allegedly breaching Article 28(1). The applicant then filed an application to recall and set aside that ruling, a substantive application for stay of execution, and this interim application, citing an imminent threat of execution arising from the respondents' prior demands for payment of the awarded interest.
Issues
- Whether the applicant satisfied the conditions for the grant of an interim order of stay of execution.
- Whether a pending Notice of Appeal and substantive application for stay existed to support the interim application.
Orders
- Application dismissed with costs.
Key headnotes
Legislation cited (5)
- Judicature (Court of Appeal Rules) Directions Rule 2(2)
- Judicature (Court of Appeal Rules) Directions Rule 43(1)
- Judicature (Court of Appeal Rules) Directions Rule 44(1)
- Judicature (Court of Appeal Rules) Directions Rule 6(2)(b)
- Constitution of the Republic of Uganda Article 28(1)
Cases cited (1)
- Hwan Sung Industries Ltd v Tajdin Hussein and 2 Others (Civil Application No. 19 of 2008)