Wakilii

Adupo Florence vs Atuto Jacinta (High Court Miscellaneous Application No. 41 of 2021)

High Court · [2022] UGHC 86 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending determination of taxation reference arising from Chief Magistrate's Court election recount petition
Decision
Stay of execution granted pending determination of taxation reference

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a stay of execution of a taxed bill of costs arising from an election recount petition pending determination of a taxation reference. The court held that all prerequisites for stay were satisfied: the applicant had lodged a taxation reference raising substantial issues about whether costs in a vote recount should be equated with those in an election petition; the applicant would suffer substantial loss from execution of an allegedly exorbitant bill of UGX 11,640,000; execution is a process not an event and there was imminent threat of enforcement; and refusal would inflict more hardship than it would avoid.

Outcome

Stay of execution granted pending determination of taxation reference

Facts

The respondent obtained a taxed bill of costs amounting to UGX 11,640,000 on 24 May 2021 arising from an election recount petition in Miscellaneous Cause No. 010 of 2011 in the Chief Magistrate's Court of Soroti. The applicant, being dissatisfied with the taxation, filed Taxation Reference No. 24 of 2021 before the High Court challenging the taxed amount. The respondent initiated execution proceedings. The applicant sought a stay of execution pending determination of the taxation reference, arguing the bill was exorbitantly taxed and that costs in a vote recount should not be equated with those in an election petition. The respondent did not file a reply to the application.

Issues

  1. Whether the applicant satisfied the legal requirements for grant of a stay of execution pending determination of a taxation reference.
  2. Whether the applicant would suffer substantial loss if stay of execution is not granted.
  3. Whether there is an imminent threat of execution that would render the taxation reference nugatory.

Orders

  • Application allowed.
  • Execution of the decree and judgment in Chief Magistrate's Court of Soroti in Miscellaneous Cause No. 010 of 2021 stayed pending determination of Taxation Reference No. 24 of 2021.
  • Costs of the application to be in the cause.

Rules and key headnotes

Civil Procedure — Stay of Execution — Prerequisites for Grant
For a stay of execution to be granted, the applicant must establish: (i) that the appeal or reference has a likelihood of success or a prima facie case; (ii) that the applicant will suffer irreparable damage or that the appeal will be rendered nugatory if stay is not granted; (iii) if the first two are not established, where the balance of convenience lies; (iv) that the application was instituted without delay; (v) that there is serious or imminent threat of execution; and (vi) that refusal to grant stay will inflict more hardship than it would avoid.
Civil Procedure — Execution — Nature of Execution Process
Execution is a process and not an event. Execution in its widest sense signifies the enforcement of or the giving effect to the judgment or order of courts of justice. Taxation of costs is a process of law for the enforcement of or giving effect to judgment or orders of a court and accordingly constitutes an imminent threat of execution.
Civil Procedure — Stay of Execution — Substantial Loss
Substantial loss does not represent any particular size or amount but refers to any loss, great or small, that is of real worth or value as distinguished from a loss that is merely nominal. Where an applicant faces execution of an allegedly exorbitant taxed bill of costs while a taxation reference challenging that bill is pending, the applicant may suffer substantial loss if stay is not granted.

Legislation cited (2)

Cases cited (5)

  • Lawrence Musiitwa Kyazze v Eunice Busingye (Supreme Court Civil Application No. 18 of 1990)
  • Hon Ssekikubo and Others v Attorney General and Others (Constitutional Application No. 3 of 2014)
  • Kyambogo University v Prof. Isaiah Omolo Ndiege (Court of Appeal Civil Appeal No. 341 of 2013)
  • Osman Kassim Ramathan v Century Bottling Company Limited (Civil Application No. 35 of 2019)
  • Tropical Commodities Supplies Ltd and Others v International Credit Bank Ltd (In liquidation) [2004] 2 EA 331

Full judgment

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Adupo Florence vs Atuto Jacinta (High Court Miscellaneous Application No. 41 of 2021) [2022] UGHC 86 (30 August 2022)
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.