Wakilii

Kabale Municipal Council v Kabale Central Market Traders Association Limited (Miscellaneous Application 68 of 2020)

High Court · [2023] UGHC 81 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal to the Court of Appeal
Decision
Stay of execution granted pending determination of appeal by the Court of Appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a party in contempt of court may be heard where the application seeks to appeal the very order that gave rise to the contempt, and denial of audience would impede justice. A stay of execution may be granted where a notice of appeal has been filed, even if defective, and there is a serious threat of execution. The application for stay of execution was granted pending determination of the appeal.

Outcome

Stay of execution granted pending determination of appeal by the Court of Appeal

Facts

The Applicant, Kabale Municipal Council, was found in contempt of court in Miscellaneous Cause No. 170 of 2019 and ordered to pay UGX 100,000,000 in fines and costs to the Respondent, Kabale Central Market Traders Association Limited. The contempt arose from the Applicant's demolition of Kabale Central Market premises in disobedience of court orders in HCMA No. 107 of 2019. The Respondent commenced execution proceedings to recover the judgment debt. The Applicant filed a notice of appeal against the contempt order and sought a stay of execution pending the appeal. The Applicant argued that execution would render the appeal nugatory and cause irreparable harm. The Respondent opposed the application, arguing that the Applicant had not purged its contempt and that the notice of appeal was defective for failing to specify which parts of the decision were being appealed.

Issues

  1. Whether the Applicant can be heard when she is guilty of contempt of Court.
  2. Whether there are sufficient grounds to warrant the grant of this application for stay of execution.
  3. What remedies are available to the parties?

Orders

  • An order of stay of execution is issued against the orders in Civil MA. No. 0170 of 2019 until the appeal against the orders of this Court vide Misc. Cause No. 107 of 2019 is heard and determined by the Court of Appeal.
  • The costs of this Application shall abide the outcome of the Appeal.

Rules and key headnotes

Civil Procedure — Contempt of Court — Right to Be Heard — Exception Where Application Seeks to Appeal Contempt Order
A court has discretion to hear a party in contempt without requiring the contempt to be purged where the application seeks to appeal or set aside the very order that gave rise to the contempt, and where denying audience would impede the course of justice.
Civil Procedure — Stay of Execution — Requirements — Notice of Appeal
For a stay of execution to be granted, the applicant must demonstrate that a notice of appeal has been lodged, that there is a substantive application pending, and that there is a serious threat of execution. The existence of a valid notice of appeal is an essential prerequisite.
Civil Procedure — Stay of Execution — Defective Notice of Appeal — Competence
Where a notice of appeal does not fully comply with the requirements of the Judicature (Court of Appeal Rules) Directions, it is not the duty of the High Court hearing a stay application to inquire into the competence of the notice. The respondent may apply to the Court of Appeal to have the notice struck out under the applicable rules.
Civil Procedure — Stay of Execution — Purpose — Preservation of Status Quo
The main purpose of granting a stay of execution is to preserve the status quo until the court finally determines the main cause and to ensure that if the intended appeal is successful, it would not be rendered nugatory.

Legislation cited (6)

Cases cited (10)

  • Wildlife Lodges v Country Council of Marok and another [2005] EA 344
  • Comform Uganda Ltd v Megha Industries (U) Ltd (Miscellaneous Application No. 1084 of 2014)
  • Male H. Mabirizi Kiwanuka v Attorney General (Court of Appeal Civil Application No. 549 of 2022)
  • Hadkinson v Hadkinson [1952] 285
  • Administrator General Through the Lawful Attorney Kyomuhendo v NSSF (Supreme Court Civil Appeal No. 2 of 2009)
  • Kyambogo University v Professor Isaiah H. Omolo Ndiege (Court of Appeal Civil Appeal No. 341 of 2013)
  • Dr. Ahmed Muhammed Kisuule v Greenland Bank (Supreme Court Miscellaneous Application No. 70 of 2010)
  • Patrick Kaumba Witshire v Ismail Dabule (Court of Appeal Civil Application No. 3 of 2010)
  • Theodore Ssekikubo v Attorney General and 4 others (Constitutional Application No. 4 of 2014)
  • Lawrence Musiita Kyazze v Eunice Busingye (Supreme Court Civil Appeal No. 18 of 1990)

Full judgment

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

Kabale Municipal Council v Kabale Central Market Traders Association Limited (Miscellaneous Application 68 of 2020) [2023] UGHC 81 (28 February 2023)
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.