Attorney General v Ssejjemba (Constitutional Application 10 of 2021)
The full judgment
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Holding
The Supreme Court granted an interim stay of execution of the Constitutional Court's judgment and declarations in Constitutional Petition No. 37 of 2014 pending final disposal of the applicant's substantive application for stay. The court found it in the interest of justice to grant the order, given an imminent threat of execution before the substantive application could be heard, and was persuaded that the respondent would suffer no prejudice. The interim order was to remain in force for three months or until further orders in the substantive application, with costs in the cause.
Facts
The respondent was sued in the Makindye Chief Magistrates Court under the Judicature (Small Claims Procedure) Rules and judgment was entered against him. On finding that he could neither appeal nor retain a lawyer, he filed a constitutional petition under article 137(3) of the Constitution challenging the Rules as contravening the right to appeal and the non-derogable right to a fair hearing. The Constitutional Court granted his prayers and declared that the failure of the Judicature (Small Claims Procedure) Rules to provide for a right of appeal and legal representation was unconstitutional. The Attorney General, dissatisfied with that decision, filed a substantive application for stay of execution and, fearing imminent execution before that application could be heard, brought this application for an interim stay.
Issues
- Whether it is in the interest of justice to grant an interim stay of execution of the Constitutional Court's decision pending the hearing of the substantive application for stay of execution.
Orders
- Interim order staying the execution of the judgment and declarations of the Constitutional Court in Constitutional Petition No. 37 of 2014 is granted as prayed.
- The order shall remain in force for three months, or until further orders are given in the substantive application.
- Costs will be in the cause.
Key headnotes
Legislation cited (6)
- Supreme Court Rules (Directions) r.2(2)
- Supreme Court Rules (Directions) r.6(2)(b)
- Supreme Court Rules (Directions) r.42
- Supreme Court Rules (Directions) r.43(1)
- Constitution of Uganda article 137(3)
- Judicature (Small Claims Procedure) Rules 2011
Cases cited (4)
- Hassan Basajjabalaba & Another v Attorney General & 2 Others (Miscellaneous Application No. 4 of 2018)
- Hwan Sung Industries Ltd v Tajdin Hussein & 2 Others (Supreme Court Civil Appeal No. 19 of 2008)
- Infinity Telecom (U) v Ecobank Ltd & Others (High Court Miscellaneous Application No. 2128 of 2016)
- Constitutional & Human Rights Division Petition No. 39 of 2017