Wakilii

Attorney General & Another v Kasango (Constitutional Application 2 of 2021)

Supreme Court · [2021] UGSC 2 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application to the Supreme Court for an interim order of stay of execution pending disposal of a substantive application for stay
Decision
Interim order granted staying execution of the Constitutional Court orders pending disposal of the substantive stay application

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Supreme Court, hearing the application ex-parte under rule 2(2) of the Supreme Court Rules, found that the matters raised were substantially important points of law warranting the Court's consideration. It allowed the application and granted an interim order staying the execution of the orders of the Constitutional Court in Constitutional Petition No. 16 of 2016 (dated 18 March 2021), the order to remain in force until disposal of the substantive application No. 1 of 2021 for stay of execution. Costs were ordered to be in the cause.

Outcome

Interim order granted staying execution of the Constitutional Court orders pending disposal of the substantive stay application

Facts

The applicants, the Attorney General and the Director of Public Prosecutions, sought an interim order from the Supreme Court staying execution of orders made by the Constitutional Court in Constitutional Petition No. 16 of 2016, which were dated 18 March 2021. The application arose alongside a substantive application (No. 1 of 2021) for stay of execution. The matter was heard ex-parte under the Court's powers in rule 2(2) of the Supreme Court Rules.

Issues

  1. Whether an interim order staying execution of the Constitutional Court's orders should be granted pending the disposal of the substantive application for stay of execution.

Orders

  • Application allowed.
  • Interim order granted staying execution of the orders of the Constitutional Court in Constitutional Petition No. 16 of 2016 dated 18th March 2021.
  • The order shall remain in force until disposal of the substantive application No. 1 of 2021 for stay of execution or any other order of this Court.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Interim Order — Stay of Execution Pending Substantive Application
An interim order staying execution may be granted where the matters raised in the application are substantially important points of law meriting the Court's consideration, to remain in force until disposal of the substantive application for stay of execution.

Legislation cited (1)

  • Supreme Court Rules r.2(2)

Full judgment

↓ Download PDF

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

Attorney General & Another v Kasango (Constitutional Application 2 of 2021) [2021] UGSC 2 (31 March 2021)
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.