Jawaddu v Finance Trust Bank Limited (Civil Application No. 628 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal overruled both preliminary objections, holding that a wrong reference to the application number was a counsel's error not to be visited on the litigant, and that the objection to the affidavit's signature could not be resolved as it was raised only in submissions after pleadings had closed. On the merits, although the applicant had a competent notice of appeal, he had not provided a copy of the substantive application and had already paid the entire principal sum, leaving nothing to stay. The applicant failed to demonstrate any irreparable loss, his numerous applications merely denying the respondent recovery of costs. The interim stay was declined and the application dismissed.

Outcome

Application for interim stay of execution dismissed; interim order declined

Facts

Judgment was entered in favour of the respondent bank in High Court Civil Appeal No. 001 of 2018. The applicant appealed to the Court of Appeal vide Civil Appeal No. 94 of 2020 and lodged a notice of appeal. After being served with a notice to show cause why execution should not issue, the applicant applied for stay of execution in the High Court at Mbarara, which was dismissed with costs on 15 December 2021. The applicant then filed a substantive application for stay before the Court of Appeal (Civil Application No. 602 of 2022) and the present interim application. The applicant alleged a serious threat of execution by way of arrest and detention in civil prison. The respondent showed, by annexture, that the applicant had already settled the entire principal sum, leaving only the costs of the suit outstanding. The applicant did not furnish the court with a copy of the substantive application.

Issues

1. Whether the application and submissions were improperly placed on the court record by reason of being referenced under a wrong application number.
2. Whether the affidavit in support of the application was incurably defective for non-compliance with the Oaths Act.
3. Whether the applicant satisfied the conditions for the grant of an interim order of stay of execution.

Orders

• The preliminary objections are overruled.
• The interim order of stay of execution is declined.
• The application is dismissed.
• Costs shall abide the cause of the main application.

Rules and key headnotes

Legislation cited (11)

• Civil Procedure Act CAP 71 s.98
• Judicature Act CAP 13 s.33
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 43
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 44
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 2(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 6(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 42(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 76(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 28(3)
• Oaths Act CAP 19 s.6
• Commissioner for Oaths (Advocates) Act CAP 5 s.5

Cases cited (8)

• Hwang Sung Industries Ltd v Tajdin Hussein and 2 Others (Civil Application No. 19 of 2008)
• Giuliano Gariggio v Calaudio (Civil Application No. 5 of 2013)
• Kakooza John Baptist v The Electoral Commission and Another (Election Petition Appeal No. 11 of 2007)
• Mugume Benjamin and 5 Others v The Attorney General and Another (Constitutional Application No. 5 of 2015)
• Banco Arabe Espanol v Bank of Uganda (Civil Appeal No. 8 of 1998)
• Lawrence Musiitwa Kyazze versus Eunice, Supreme Court Civil Appeal No. 018 of 1990
• Zubeda Mohamed and Sadru Mohamed v Laila Kaka Wallia and Another (Civil Reference No. 7 of 2016)
• Nritson Mikibi us James Ssemusambwa, Civil Application No. 009 of 2003 (SC)

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