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Kamya v Kampala District Land Board & Anor (Miscellaneous Civil Application 17 of 2011)

Supreme Court · [2013] UGSC 2 · 2013 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Notice of Motion to the Supreme Court for stay of execution of a Court of Appeal decree pending an intended appeal
Decision
Application for stay of execution granted on the same terms as the subsisting interim order; applicant to deposit half the taxed High Court costs with the Supreme Court Registrar

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Holding

On a Notice of Motion under rule 6(2)(b) of the Supreme Court Rules, the applicant sought a stay of execution of a Court of Appeal decree pending an intended appeal in a Makerere Road land dispute. The Court noted that a subsisting interim stay had already been granted by consent in a related application (Misc. Application No. 18 of 2011) on terms that the applicant deposit half the taxed High Court costs. Without considering the merits of the intended appeal, and the parties not having complained about the interim order's effect, the Court held it just to grant the application for stay of execution on the same terms as those ordered by the single judge.

Facts

Alirazak Nazarali Panjwani held a 49-year lease from 1929 over property on Makerere Road. He was expelled from Uganda in 1972 and died in Canada in 1974. In 1995 his son, the 2nd respondent, obtained letters of administration and a certificate authorising repossession, and the lease term was extended to 27 July 2001. In June 2004 a person purportedly acting under a power of attorney sold the property to the applicant, whose title was later cancelled when the Registrar found the lease had expired. Both the 2nd respondent and the applicant applied to the Kampala District Land Board for the lease; the Board offered it to the applicant. The 2nd respondent obtained leave and challenged the Board's decision; the High Court granted certiorari and mandamus directing that the lease be awarded to him. The Board and the applicant appealed to the Court of Appeal, which dismissed the appeal. The applicant lodged a Notice of Appeal and applied to the Supreme Court for stay of execution.

Issues

  1. Whether the applicant satisfied the conditions for an order staying execution of the Court of Appeal's decision pending the intended appeal.

Orders

  • Application for stay of execution granted on the same terms as ordered by a single judge of the Court on 26 August 2011 in Miscellaneous Application No. 18 of 2011.
  • An order issues against the respondents from executing the decree of the lower courts pending the hearing and disposal of the application for stay of execution.
  • The applicant to deposit half of the costs taxed in the High Court in favour of the 2nd respondent (UGX 5,897,227) with the Supreme Court Registrar.
  • No order as to costs.

Key headnotes

Civil Procedure — Stay of Execution — Conditions to be satisfied
An application for stay of execution should establish that substantial loss may result to the applicant unless the stay is granted, that the application has been made without unreasonable delay, and that the applicant has given security for due performance of the decree or order ultimately binding upon him.
Civil Procedure — Stay of Execution — Preserving the subject matter of an intended appeal
Where execution of the impugned decision would render a successful appeal nugatory and an award of damages would not adequately compensate the applicant, a court may grant a stay of execution to preserve the subject matter pending the determination of the intended appeal.

Legislation cited (2)

  • Rules of the Supreme Court r.6(2)(b)
  • Expropriated Properties (Repossession and Disposal) Regulations (SI No. 06 of 1983)

Cases cited (5)

  • Afaro v Uganda Breweries (Supreme Court Civil Appeal No. 12 of 2008)
  • Nganga v Kimani [1969] EA 67
  • National Housing & Construction Corporation v Kampala District Land Board & Another (Supreme Court Civil Appeal No. 06 of 2002)
  • Dr. A.M. Kisuule v Greenland Bank (in liquidation) (Supreme Court Civil Application No. 10 of 2010)
  • L.M. Kyazze v E. Busingye (Supreme Court Civil Application No. 18 of 1990)
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.