Hussien v Hussien (Civil Application 17 of 2003)
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Holding
On an ex parte application certified as urgent, a single Justice of the Supreme Court granted an interim order staying execution of a consent order dated 7 October 2002 (arising from a settlement/compromise agreement of 2 October 2002 in Civil Appeal No. 9 of 2002). The Justice was satisfied the application had merit and should be granted, restraining the respondent from executing the consent order and from disposing of, damaging or evicting tenants from the disputed William Street properties pending further order. Reasons were reserved to be given on notice to the parties. Costs of the application were ordered to be costs in the cause.
Facts
The applicant brought an ex parte application before a single Justice of the Supreme Court seeking an interim order staying execution of a consent order dated 7 October 2002. The consent order arose from a settlement cum compromise agreement dated 2 October 2002 in Supreme Court Civil Appeal No. 9 of 2002. The applicant's counsel filed a certificate of urgency. The dispute concerned properties on plots 30, 32 and 102/104 William Street, Kampala, and the tenants occupying them. The Justice, having read the supporting affidavit and heard the applicant's counsel, was satisfied the application had merit.
Issues
- Whether an interim order should be granted staying execution of a consent order pending the hearing of the substantive application.
Orders
- The respondent be restrained from execution of the consent order dated 7 October 2002 arising from the settlement cum compromise agreement dated 2 October 2002 in Supreme Court Civil Appeal No. 9 of 2002, until that order is set aside or until further order of the court.
- The respondent be restrained from disposing of or damaging the properties on plots 30, 32 and 102/104 William Street, Kampala, or from evicting the tenants therefrom, until the occurrence of the events stated above.
- The costs of this application shall be costs in the cause.
- Reasons for the order to be given on notice to the parties.