Horizon Coaches Ltd v Pan African Insurance Company [2002] UGSC 12
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Holding
On an ex parte application, the Supreme Court (single Justice) granted an interim order of stay of execution pending the hearing of the main stay application (Civil Application No. 19 of 2002) before a full bench. Following Ismail Sekeba v Zirabamuzaale and Hussein Taharali Amji v Hussein Abdalla Hamadani, the court held that where a notice of appeal, an application, or an appeal is pending before the Supreme Court, it is proper to grant an interim stay of execution, whether in the High Court or any other court, to prevent the proceedings and the eventual order of the court being rendered nugatory and to preserve the success of the intended appeal. Costs to abide the outcome of the main application.
Facts
The applicant, a transport company, sought an interim order of stay of execution pending the hearing of its main stay application (Civil Application No. 19 of 2002), which was awaiting a full bench. The applicant had lodged a notice of appeal against a Court of Appeal judgment delivered on 16 September 2002 and had requested the record of proceedings, which had not been supplied. The applicant was notified that on 12 November 2002 a garnishee application would be sought against its bank account at Standard Chartered Bank, pursuant to an execution order issued in Civil Suit No. 932 of 1999 and Civil Appeal No. 78 of 2001. The respondent's underlying High Court claim was about Shs. 33,760,000, while execution was sought for more than Shs. 60,000,000, and additionally sought to wind up the applicant. The applicant contended that without an interim stay, execution would proceed and render its intended appeal futile.
Issues
- Whether an interim order for stay of execution should be granted pending the determination of the main application for stay of execution before a full bench of the court.
Orders
- An interim order for stay of execution is granted pending the disposal of the main application.
- Costs to abide the outcome of the main application.
Key headnotes
Legislation cited (7)
- Rules of the Supreme Court r.1(3)
- Rules of the Supreme Court r.5(1)
- Rules of the Supreme Court r.5(2)(b)
- Rules of the Supreme Court r.41
- Rules of the Supreme Court r.46(2)
- Rules of the Supreme Court r.71
- Civil Procedure Rules O.19 r.1
Cases cited (2)
- Ismail Sekeba and Another v Haji Yahaya Zirabamuzaale (Miscellaneous Application No. 7 of 2001)
- Hussein Taharali Amji v Hussein Abdalla Hamadani (Civil Application No. 3 of 2001)