D'ujanga v Babirye and 2 Others (Miscellaneous Application No. 1011 of 2022)

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.

Holding

Application for stay of execution dismissed as overtaken by events. The applicant had filed a similar application before the Court of Appeal which was withdrawn on 23rd February 2023 on the ground that execution had already been effected. Since the subject matter was no longer in existence, the High Court application became moot.

Outcome

Application dismissed; execution already effected

Facts

The applicant sought an order to stay execution of orders made against him in Civil Suit No. 309 of 2015 pending the determination of Civil Appeal No. 272 of 2022. However, the applicant had filed a similar application before the Court of Appeal (MA No. 0038 of 2023). On 23rd February 2023, the applicant's counsel withdrew that appellate application on the ground that execution had already been effected. The subject matter was therefore no longer in existence.

Issues

1. Whether the application for stay of execution should be granted given that a similar application had been withdrawn before the Court of Appeal on grounds that execution had already been effected.

Orders

• Application dismissed as overtaken by events.
• Costs awarded to the respondents.

Legislation cited (5)

• Civil Procedure Act Cap. 71 s.92
• Civil Procedure Act Cap. 71 s.98
• Civil Procedure Rules SI 71-1 Order 43 rule 47
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 3

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