Wakilii

Adam Muhomed Yakubu v Funjo (HCT-04-CV-MA-0085-2013)

High Court · [2013] UGHCCD 76 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of court's own order granting stay of execution where no pending suit existed
Decision
Order for stay of execution set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court exercised its power under s.82 of the Civil Procedure Act to review and revoke its own order for stay of execution. Held that the stay order was issued in manifest error because there was no subsisting or pending suit between the parties. An error apparent on the face of the record includes both errors of fact and errors of law that are so evident they require no extraneous matter to demonstrate incorrectness.

Outcome

Order for stay of execution set aside

Facts

The applicant sought judicial review of the High Court's own order. The court had previously dismissed an application for revision but simultaneously ordered a stay of execution, despite there being no pending suit between the parties. This stay of execution prevented the successful party from realizing the fruits of the court's decision. The applicant argued that the stay order was issued in error because there was no subsisting or pending suit to warrant such an order.

Issues

  1. Whether the court has jurisdiction under s.82 of the Civil Procedure Act to review its own order granting stay of execution.
  2. Whether the order for stay of execution was issued in error where there was no pending suit between the parties.

Orders

  • Application allowed.
  • Order for stay of execution revoked.
  • Each party to meet its own costs.

Rules and key headnotes

Civil Procedure — Judicial Review of Court's Own Orders — Jurisdiction under s.82 Civil Procedure Act
Under s.82 of the Civil Procedure Act, the High Court is clothed with jurisdiction to review its own orders as it thinks fit upon an application by any person aggrieved by the order sought to be reviewed.
Civil Procedure — Error Apparent on Face of Record — Test for Reviewability
For an error to constitute grounds for review, it must be apparent on the face of the record, meaning an evident error which does not require any extraneous matter to show its incorrectness. It must be an error so manifest and clear that no court would permit such error to remain on record. The error may be one of fact or law.
Civil Procedure — Stay of Execution — Prerequisites
An order for stay of execution is issued in manifest error where there is no subsisting or pending suit between the parties to warrant such a stay.

Legislation cited (1)

Cases cited (2)

  • Kanyebwera v Tumwebaze [2005] 2 EA 86
  • Muyonde v Industrial and Commercial Development and Another [2006] 1 EA 243

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Adam Muhomed Yakubu v Funjo (HCT-04-CV-MA-0085-2013) [2013] UGHCCD 76 (30 May 2013)
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.