Wakilii

Damulira and another v Kyagulanyi (Civil Appeal No. 357 of 2019)

Court of Appeal · [2022] UGCA 145 · 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 the main application
Decision
Interim order granted 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

The single Justice considered an application for an interim order staying High Court orders and restraining the respondents from interfering with the applicants' occupation of the suit land. Although both parties filed written submissions out of time, the Court, invoking Rule 2(2) of the Rules of the Court of Appeal in the interest of justice, declined to dismiss the application outright and instead warned the parties to comply with its directives. The Court found the applicants had proved their case and granted the interim order in the terms of the Notice of Motion, to lapse on 12 June 2022, directing the Registrar to fix the main application for hearing before that date.

Outcome

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

Facts

The applicants sought an interim order staying orders of the High Court and restraining the respondents, their agents and workers from executing or interfering with the applicants' liberty, privacy, 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 impugned orders had been granted by Hon. Justice Cornelia Kakooza Sabiiti on 26 June 2019 in High Court Civil Suit No. 270 of 2017. The application was supported by an affidavit of the second applicant; the second respondent filed an affidavit in reply contesting it. The Court directed written submissions, with the applicants to file by 4 April 2022 and the respondents by 11 April 2022. The applicants filed on 11 April 2022 and the respondents on 12 April 2022, both out of time.

Issues

  1. Whether an interim order staying the High Court orders should be granted pending hearing of the main application, notwithstanding late filing of submissions by both parties.

Orders

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

Rules and key headnotes

Civil Procedure — Non-compliance with Court Directions — Discretion to excuse late filing in the interest of justice under Rule 2(2)
Where both parties file written submissions out of time, a court may, in the interest of justice and pursuant to Rule 2(2) of the Rules of the Court of Appeal, decline to dismiss the application and instead proceed with a warning to comply with its directives.
Civil Procedure — Interim Orders — Stay of execution pending hearing of main application
An interim order staying orders of the lower court may be granted where the applicant has proved its case, pending the hearing of the main application, with the interim order to lapse on a fixed date.

Legislation cited (1)

  • Rules of the Court of Appeal r.2(2)

Full judgment

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Damulira and another v Kyagulanyi (Civil Appeal No. 357 of 2019) [2022] UGCA 145 (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.