Gitta and Others v Nanyonga and Others (Civil Application No. 693 of 2022)

Observed later treatment

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 Court of Appeal, sitting as a single judge, held that an applicant seeking an interim order of stay of execution must satisfy three conditions: a competent notice of appeal, a pending substantive application for stay of execution, and a serious threat of execution. The court is not required to inquire into the merits of the underlying appeal. The applicants had filed a notice of appeal and a substantive stay application, and faced a serious threat of execution given the lapsed 60-day eviction order, an extracted decree and a filed bill of costs. The conditions were satisfied and an interim stay was granted, staying the High Court orders in Civil Suit No. 233 of 2010 pending disposal of the substantive application and appeal.

Outcome

Interim stay of execution granted pending disposal of the substantive application and appeal

Facts

The 1st respondent sued the applicants and other respondents in High Court Civil Suit No. 233 of 2010, seeking vacant possession, mesne profits and a permanent injunction against further trespass. The High Court ruled in favour of the 1st respondent, ordering that the applicants vacate the suit land within 60 days, issuing an eviction order, a permanent injunction, removal of caveats, and awarding general damages and costs. The applicants were dissatisfied and filed a notice of appeal on 4 May 2022 and a substantive application for stay of execution (Civil Application No. 677 of 2022). The 60-day eviction period had lapsed, the 1st respondent had extracted a decree and filed a bill of costs, and the 3rd respondent, who remained in possession with a workshop on the land, filed a cross-appeal and conceded to the application. The applicants then brought this application for an interim stay of execution pending disposal of the substantive application and appeal.

Issues

1. Whether the applicants satisfied the conditions for the grant of an interim order of stay of execution pending disposal of the substantive stay application and appeal.

Orders

• An interim stay of execution is granted, staying the orders of the High Court in Civil Suit No. 233 of 2010, pending the disposal of Civil Application No. 0677 of 2022 and Civil Appeal No. 340 of 2022.
• Costs of this application shall abide the main cause.

Rules and key headnotes

Legislation cited (2)

• Judicature (Court of Appeal) Rules r.6(2)(b)
• Judicature (Court of Appeal) Rules r.2(2)

Cases cited (5)

• Gashumba Maniraguha v Sam Nkundiye (Supreme Court Civil Appeal No. 24 of 2015)
• Zubeda Mohamed and Sadru Mohamed v Laila Kaka Wallia and Another (Supreme Court Civil Reference No. 7 of 2016)
• Hwan Sung Industries Ltd v Tajdin Hussien and 2 Others (Supreme Court Civil Application No. 19 of 2008)
• Krone Uganda Limited v Kerilee Investment Limited (Civil Application No. 63 of 2020)
• Mugenyi v National Insurance Corporation (Supreme Court Civil Appeal No. 13 of 1984)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Akena and Another v Odong (Miscellaneous Application 52 of 2024) followed

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