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Bisangwa Kasimba and Another v Daimond Trust Bank (Miscellaneous Application 88 of 2020)

Court of Appeal · [2020] UGCA 2147 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single Justice of Appeal for extension of an interim order restraining sale of land pending determination of the main application for stay of execution
Decision
Interim restraining order extended until the substantive application for stay of execution is fixed and heard

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A single Justice of Appeal granted an application to extend an interim order restraining the respondent bank from selling the applicants' mortgaged properties. Although the earlier interim order had lapsed, the application for its extension had been filed before expiry, and the substantive application for stay of execution remained unheard because the COVID-19 pandemic had disrupted court business. Invoking the court's inherent power under Rule 2(2) of the Court of Appeal Rules and Article 126 of the Constitution to administer substantive justice, the court held it would not serve the interests of justice to deny the extension. The court declined to determine the disputed debt amount as that would require examining the merits of the appeal.

Outcome

Interim restraining order extended until the substantive application for stay of execution is fixed and heard

Facts

The applicants owned several land properties which the respondent bank sought to sell to recover a debt. In Miscellaneous Application No. 18 of 2020, Hon. Justice Remmy Kasule, Ag. JA granted an interim order on 5 March 2020 restraining the respondent from attaching, selling or disposing of the properties for three calendar months. Faced with an imminent threat of execution evidenced by a newspaper advertisement for a public auction of the land, the applicants sought to preserve the properties pending determination of the main application. The three-month interim order expired on 5 June 2020. The applicants filed the present application on 27 May 2020, before expiry, seeking an extension. The substantive application for stay of execution (Civil Application No. 415 of 2019) and the main appeal (Civil Appeal No. 347 of 2019) remained unheard, largely because the COVID-19 pandemic and related administrative directives had disrupted court business. The applicants had deposited UGX 500,000,000 towards the disputed debt without prejudice to their claims, while the parties disagreed over the total amount owed.

Issues

  1. Whether the court can extend an interim restraining order where the application for extension was filed before the interim order expired.
  2. Whether the court should exercise its inherent power under Rule 2(2) to extend the interim order pending determination of the substantive application for stay of execution.

Orders

  • An order extending the interim order granted by this court until the substantive application is fixed for hearing.
  • The registrar is directed to fix the substantive application vide Civil Application No. 415 of 2019 and Civil Appeal No. 347 of 2019 in the February 2021 Civil session.
  • Costs will abide the main cause.

Rules and key headnotes

Court of Appeal — Interim Orders — Extension Where Application Filed Before Expiry
Where an application to extend an interim order is filed before the interim order expires, the court may grant the extension notwithstanding that the original order has since lapsed, provided the interests of justice so require.
Inherent Powers — Rule 2(2) Court of Appeal Rules — Preventing Abuse of Process by Delay
Under Rule 2(2) of the Judicature (Court of Appeal Rules) Directions, the court retains inherent power to make such orders as are necessary to attain the ends of justice or prevent abuse of process, including abuse caused by delay, and may exercise this power to extend an interim order where the substantive application remains unheard due to circumstances such as court disruption.
Interlocutory Applications — Avoiding Determination of the Merits of the Appeal
In deciding an interlocutory application to extend an interim order, the court will not resolve contested substantive questions, such as the amount of a disputed debt, where doing so would require going into the merits of the pending appeal.

Legislation cited (6)

Cases cited (1)

  • Attorney General and Another v Afric Cooperative Society (Miscellaneous Application No. 6 of 2012)

Full judgment

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

Bisangwa Kasimba and Another v Daimond Trust Bank (Miscellaneous Application 88 of 2020) [2020] UGCA 2147 (5 November 2020)
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.