Wakilii

Hajati Mariamu Nabukeera v Alamanzane Jjuko (Civil Suit No. 287 of 1991)

High Court · [1993] UGHC 136 · 1993 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for interim stay of execution pending hearing of main application for stay
Decision
Application for interim stay of execution dismissed for non-compliance with procedural requirements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an ex parte application for interim stay of execution. The court held that applications for stay of execution should first be made to the trial judge, not as interim orders pending a main application. The applicant failed to satisfy the mandatory requirement of providing security for due performance of the decree under Order 39 Rule 4(5) of the Civil Procedure Rules, making the application incompetent.

Outcome

Application for interim stay of execution dismissed for non-compliance with procedural requirements

Facts

The plaintiff, a widow of Sendi Baleki, brought an action against the defendant for revocation of letters of administration. Kireju J. found for the plaintiff and validated the deceased's will dated 16.8.1976, ordering that the estate be administered according to the will and revoking the letters of administration granted to the defendant. The defendant filed a notice of appeal to the Supreme Court and applied for stay of execution. The defendant then brought this ex parte application for an interim order staying execution pending determination of the main stay application, alleging that the judgment creditor had started erecting buildings on disputed plots and collecting rents from tenants.

Issues

  1. Whether an interim order for stay of execution should be granted pending hearing of the main application for stay of execution.
  2. Whether the applicant complied with the requirements under Order 39 Rule 4(5) of the Civil Procedure Rules for granting a stay of execution.

Orders

  • Application dismissed.

Rules and key headnotes

Stay of Execution — Proper Procedure — Application to Trial Judge First
An application for stay of execution of a decree should first be made to the judge who decided the case before applying to an appellate court.
Stay of Execution — Interim Orders — No Provision in Law
There is no provision in the Civil Procedure Rules or statute for an interim order for stay of execution pending the hearing of a main application for stay of execution.
Stay of Execution — Security Requirement — Mandatory Condition
Under Order 39 Rule 4(5) of the Civil Procedure Rules, no order for stay of execution shall be made unless the applicant provides security for due performance of the decree or order as may ultimately be binding upon them. This requirement is mandatory.
Stay of Execution — Conditions for Grant — Three Requirements
For a stay of execution to be granted under Order 39 Rule 4(5), the court must be satisfied that: (a) substantial loss may result to the applicant unless the order is made; (b) the application has been made without unreasonable delay; and (c) security has been given by the applicant for due performance of the decree.

Legislation cited (10)

Cases cited (6)

  • Lawrence Musitwa Kyazze v Eunice Busingye (Civil Application No. 18 of 1990)
  • Joanta Kaggwa vs. Olive Amalia Kawal-a (Administration Cause ho. 21 of 197^ ULR 129
  • Ujagar Singh v Runda Coffee Estates Ltd [1966] EA 265
  • Hugenyi and Co._ Advocated vs. ^ajional Corporation GA. Civil Appeal ho. 15 of 1984
  • Katiqnal Pharmacy Ltd, vs, ivampala City Council reported 1979 HCB P 1.32
  • Francis Marcia Nicer vs. nuwa Walakira jys< SCU Civil Application r,o. 9/90

Full judgment

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Hajati Mariamu Nabukeera v Alamanzane Jjuko (Civil Suit No. 287 of 1991) [1993] UGHC 136 (31 December 1993)
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.