John Ddamulira v Rogers Serunjogi and Fausta Serunjogi (Civil Application No. 1200 of 2023)

Court of Appeal · [2025] UGCA 169 · 2025 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application to a single Justice of Appeal for an interim order of stay of execution pending determination of a substantive stay application

Decision

Interim order of stay of execution granted pending determination of the substantive Civil Application No. 1199 of 2023

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Holding

The single Justice held that an interim order of stay of execution may issue where there is a pending substantive application for the same relief, a competent notice of appeal, and a serious and imminent threat of execution. A notice of appeal lodged on 11 April 2022 and the pending Civil Application No. 1199 of 2023 satisfied the first requirements, and the respondents' extracted decree, taxed costs, execution application, notice to show cause, and commenced construction on the suit property evidenced an imminent threat of execution and alienation. Preserving the status quo served the ends of justice, so the interim order restraining execution was granted pending determination of the substantive application.

Facts

Judgment was entered against the applicant in Civil Appeal No. 12 of 2019. On 22 April 2022 (and per the rejoinder, 11 April 2022) he filed a notice of appeal to the Supreme Court. The respondents extracted the decree, filed a bill of costs taxed at Ushs. 32,069,100, applied for execution, and obtained a notice to show cause why a warrant of arrest should not issue. They also sought to execute the High Court decree for taxed costs, special damages of Ushs. 50 million, general damages and interest, and had commenced construction on the suit property, described as approximately one acre of Kabaka's land at Badongo Zone LC1, Salaama parish, Makindye division, Kampala. The applicant filed a substantive stay application (Civil Application No. 1199 of 2023) and sought the present interim order to preserve the status quo. The respondents contended the substantive application and notice of appeal were incompetent and that the property was no longer in contention.

Issues

Whether the application for an interim order of stay of execution was properly before the Court given the respondents' objection that no competent substantive application or notice of appeal existed.
Whether there was a serious and imminent threat of execution of the decree in Civil Appeal No. 12 of 2019 sufficient to warrant an interim order pending the substantive stay application.

Orders

An interim order is issued restraining the Respondents, their agents, employees, assignees or any persons claiming or deriving authority therefrom from taking any steps or actions in execution of the judgment decree arising from Civil Appeal No. 12 of 2019 pending the determination of Civil Application No. 1199 of 2023.

Key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant of an Interim Order

An interim order of stay of execution may be granted only where there is a pending substantive application for the same relief in respect of a pending appeal, a competent notice of appeal as a sine qua non, and a serious and imminent threat of execution of the lower court's orders before determination of the substantive application.

Civil Procedure — Interim Orders — Inherent Power to Preserve the Status Quo

The Court's inherent power under Rule 2(2) of the Court of Appeal Rules to make such orders as are necessary for attaining the ends of justice extends to granting interim relief to preserve the status quo so that the substantive application may be heard and determined by the full court without being rendered nugatory.

Civil Procedure — Concurrent Jurisdiction — Priority of the Court of Appeal

Where an appeal is pending before the Supreme Court, Rule 41 of the Supreme Court Rules requires an application for interlocutory orders to be made first to the Court of Appeal, recourse to the Supreme Court being available only in the exceptional circumstances under Rule 41(2).

Civil Procedure — Interim Applications — Court Not to Interrogate the Merits

On an application for interim injunctive relief, the single Justice is not at liberty to interrogate the merits of the substantive application pending before the fully constituted court or the issues for determination on the appeal.

Legislation cited (8)

Judicature (Court of Appeal Rules) Directions S.I 13-10 r.2(2)
Judicature (Court of Appeal Rules) Directions S.I 13-10 r.6(2)(b)
Judicature (Court of Appeal Rules) Directions S.I 13-10 r.42(2)
Judicature (Court of Appeal Rules) Directions S.I 13-10 r.43(1)
Judicature (Court of Appeal Rules) Directions S.I 13-10 r.43(2)
Judicature (Court of Appeal Rules) Directions S.I 13-10 r.44(1)
Judicature (Supreme Court Rules) Directions S.I 13-11 r.41
Judicature (Supreme Court Rules) Directions S.I 13-11 r.41(2)

Cases cited (8)

Zubeda Mohammed and Another v Laila Kaka Waiia and Another (Civil Reference No. 7 of 2016)
Faustino Ntambara v Jack Kityo Segawole (Civil Application No. 150 of 2021)
Matthew Rukikaire v Incafex Ltd (Civil Appeal No. 11 of 2015)
Manuraguha Gashumba v Sam Nkundiye (Civil Application No. 24 of 2015)
Theodore Ssekikubo and 2 Others v Attorney General and 4 Others (Constitutional Application No. 4 of 2014)
Uganda Revenue Authority v Nsubuga Guster and Another (Miscellaneous Application No. 16 of 2018)
Patrick Kaumba Wiltshire v Ismail Dabule (Civil Application No. 3 of 2018)
Hwan Sung Industries Ltd v Tofin Hussein and 2 Others (Civil Application No. 19 of 2008)

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