G. Afaro vs Uganda Breweries Ltd [2008] UGSC 11

Supreme Court · 2008 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Ex parte application for an interim order of stay of execution pending an interpartes substantive application for stay

Decision

Interim stay of execution granted pending the disposal of the substantive application for stay

The full judgment

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Cited — treatment unverified cited in 2 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The Supreme Court, exercising the inherent power preserved by rule 2(2) of its Rules to make orders necessary to achieve the ends of justice and prevent abuse of process, granted an ex parte interim order staying execution of the Court of Appeal's costs and decree order in Civil Appeal No. 45 of 2005. The single justice was satisfied that the respondent's threat to execute was real and that, absent an interim stay, the applicant's pending appeal could be rendered nugatory. The order was to preserve the status quo until the substantive interpartes application for stay (Civil Application No. 11 of 2008) was heard and disposed of.

Facts

The applicant was employed by the respondent and, in the course of his employment, was crushed against a wall by the respondent's fork lift, suffering serious injuries to his genitals. After an apparent settlement, the applicant sued the respondent in the High Court, which awarded him 22 million shillings as compensation and legal fees. The respondent successfully appealed to the Court of Appeal, which allowed the appeal with costs. The applicant appealed to the Supreme Court (SCCA No. 04 of 2008). The respondent then threatened execution of the Court of Appeal decree, filing an application for execution with a warrant of arrest. The applicant filed a substantive application for stay of execution in the Supreme Court (Civil Application No. 11 of 2008) and sought an interim stay in the lower court, which was rejected, leading to this ex parte application.

Issues

Whether the court should grant an interim order staying execution of the Court of Appeal's order pending the disposal of the substantive application for stay of execution.

Orders

The application is allowed.
Execution of the order of the Court of Appeal in Civil Appeal No. 45 of 2005 is stayed pending the disposal of the substantive application for stay of execution (Civil Application No. 11 of 2008).
The interim order shall remain in force until 22 September 2008 or until the substantive application is heard and disposed of, whichever comes first.
If the substantive application is not disposed of by 22 September 2008, the matter is to be returned to the court for review.
Costs of this application shall abide the outcome of the substantive application No. 11 of 2008.

Key headnotes

Civil Procedure — Stay of Execution — Interim Order Pending Substantive Application

The Supreme Court has inherent power, preserved by rule 2(2) of its Rules, to grant an interim order staying execution to preserve the status quo until a pending substantive application for stay of execution is heard and disposed of.

Civil Procedure — Appeals — Preventing an Appeal from Being Rendered Nugatory

Where a party is pursuing a right of appeal and the opposing party's threat to execute is real, an interim stay may be granted to ensure that a successful appeal is not rendered nugatory.

Legislation cited (1)

Rules of the Supreme Court r.2(2)

Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.