Joyce Muguta v Idah Iterura (Civil Application 9 of 2006)
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Holding
On a reference under rule 53(1) from an interim order of a single Justice (Katureebe, JSC) staying execution pending an application for stay, the full Court held that the single Justice's order was correct. The Court was satisfied that justice would be better served by granting a stay of execution pending disposal of Civil Appeal No. 5 of 2006 and so ordered, directing that the costs of the application abide the final decision in that appeal.
Facts
Following disposal of Civil Appeal No. 22 of 2002 in the Court of Appeal, the applicant, as administratrix of the deceased's estate and successful respondent in that appeal, sought execution of the judgment, advertising the intended execution in the Entatsi Newspaper of 21–27 June 2006. The respondent then brought Application No. 3 of 2006 seeking an interim order to stop execution pending the hearing of a pending application for stay of execution. A single Justice of the Supreme Court (Katureebe, JSC) granted the interim order staying execution. The applicant referred that order to the full Court. An application for stay of execution remained pending before the full bench, and Civil Appeal No. 5 of 2006 between the same parties had been filed on 20 July 2006.
Issues
- Whether the interim order for stay of execution granted by the single Justice should be upheld on reference to the full Court.
Orders
- Stay of execution granted pending the disposal of Civil Appeal No. 5 of 2006.
- Costs of this application to abide the final decision determining the said appeal.
Key headnotes
Legislation cited (2)
- Rules of the Supreme Court r.41(1)
- Rules of the Supreme Court r.53(1)