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Damulira and Another v Bukirwa and Another (Civil Application No. 357 of 2021)

Court of Appeal · [2022] UGCA 119 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an interim order staying execution of High Court orders pending the hearing of a related application
Decision
Interim order granted staying High Court orders pending hearing of the main application, to lapse on 12 June 2022

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A single Justice of the Court of Appeal granted an interim order staying High Court orders and restraining the respondents from interfering with the applicants' occupation of the suit land pending the hearing of the main application. Although both parties filed written submissions out of time, the Court invoked Rule 2(2) of the Rules of the Court of Appeal to allow the application with a warning to comply strictly with the Court's directives. The interim order was to lapse on 12 June 2022, and the Registrar was directed to fix the main application for hearing before that date.

Outcome

Interim order granted staying High Court orders pending hearing of the main application, to lapse on 12 June 2022

Facts

The applicants sought an interim order to stay orders of the High Court and to restrain the respondents, their agents and workers, from executing or interfering with the applicants' occupation and accommodation on suit land located on Block 221, Plots 421, 2268 and 2269, originally registered in the name of the late Erisa N. G. Kyagulanyi. The contested High Court orders had been granted by Justice Cornelia Kakooza Sabiiti on 26 June 2019 in High Court Civil Suit No. 270 of 2017. The application arose from Civil Appeal No. 299 of 2019. The application was supported by an affidavit of the second applicant, and the respondents filed an affidavit in reply contesting it. The Court directed written submissions, but both parties filed out of time.

Issues

  1. Whether an interim order staying the orders of the High Court should be granted pending the hearing of the main application.
  2. Whether the parties' non-compliance with the Court's directives on filing written submissions warranted dismissal of the application.

Orders

  • An interim order is granted in the terms set out in the Notice of Motion.
  • The order shall lapse on 12 June 2022.
  • The Registrar is directed to fix the main application for hearing before 12 June 2022.
  • Costs shall abide the result of the main application.

Rules and key headnotes

Civil Procedure — Interim Orders — Stay of Execution Pending Hearing of Main Application
An interim order staying the orders of a lower court may be granted to preserve the status quo pending the hearing of the main application where the applicant has made out a case.
Civil Procedure — Non-Compliance with Court Directives — Discretion under Rule 2(2)
Where parties file written submissions out of time, the Court may, in the interest of justice and pursuant to Rule 2(2) of the Rules of the Court of Appeal, allow the application with a warning rather than dismiss it for non-compliance.

Legislation cited (1)

  • Rules of the Court of Appeal Rule 2(2)

Full judgment

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

Damulira and Another v Bukirwa and Another (Civil Application No. 357 of 2021) [2022] UGCA 119 (12 April 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.