Emaku Joseph & Anor v Emulu Ojamuge (Miscellaneous Application 140 of 2023)

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

The High Court dismissed an application for stay of execution pending appeal where the applicants sought to prevent taxation of costs. While the applicants had lodged an appeal, the court held that mere service of a taxation hearing notice does not constitute imminent execution requiring a stay. The application was premature as taxation is part of a long process before execution ensues. The application was also filed approximately fifteen months after judgment, constituting unreasonable delay triggered only by receipt of the taxation notice.

Outcome

Application for stay of execution dismissed as premature and brought with unreasonable delay

Facts

The respondent obtained judgment against the applicants in Civil Suit No. 28 of 2018 for trespass to property comprised in LRV 142 Folio 14, plot no. 18 Gweri Road Soroti City. Judgment was delivered on 1 June 2022. The applicants filed a memorandum of appeal in the Court of Appeal on 17 October 2022. On 6 September 2023, the applicants received a taxation hearing notice and bill of costs from the respondent's counsel. The applicants then filed this application on 28 September 2023 seeking stay of execution pending their appeal, asserting that the respondent threatened imminent execution.

Issues

1. Whether the applicants have filed and lodged an appeal.
2. Whether substantial loss may result to the applicants unless stay of execution is granted.
3. Whether the application was made without unreasonable delay.
4. Whether the applicants have given security for due performance of the decree or order as may ultimately be binding upon them.

Orders

• Application dismissed with costs to the respondent.

Rules and key headnotes

Legislation cited (7)

• Judicature Act Cap 13 s.33
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 43 Rule 2
• Civil Procedure Rules SI 71-1 Order 43 Rule 3
• Civil Procedure Rules SI 71-1 Order 43 Rule 4(1)
• Civil Procedure Rules SI 71-1 Order 43 Rule 4(2)
• Civil Procedure Rules SI 71-1 Order 43 Rule 4(3)

Cases cited (7)

• Kyazze v Busingye (Supreme Court Civil Application No. 18 of 1990)
• Ssekikubo and Others v Attorney General and Others (Constitutional Application No. 03 of 2014)
• Tropical Commodities Suppliers Ltd v International Credit Bank (Miscellaneous Application No. 279 of 2003)
• Hwang Sung Industries Ltd v Hussein & Others (Supreme Court Civil Appeal No. 79 of 2008)
• DFCU Bank Ltd v Nakate Lussejere (Civil Appeal No. 29 of 2003)
• Kawanga v Namyalo Another (Miscellaneous Application No. 12 of 2017)
• Amuanaum v Opolot (Miscellaneous Application No. 3 of 2014)

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