Wakilii

Kalemesa v Kaggwa and 2 Others (Miscellaneous Application 1487 of 2023)

High Court · [2023] UGHCCD 363 · 2023 Matter Referred to Court of Appeal AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judgment pending appeal to Court of Appeal
Decision
Matter referred to Court of Appeal for determination of substantive issues

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court declined to determine the stay application substantively, noting that two notices of appeal had been filed against the same judgment. The court held that it had inherent jurisdiction under section 98 of the Civil Procedure Act to make an interim order staying execution of review orders pending determination of both the stay application and appeals. The Court of Appeal was identified as the competent court to address the issues raised.

Outcome

Matter referred to Court of Appeal for determination of substantive issues

Facts

Samuel Kalemesa, the defendant in Civil Suit No. 142 of 2012, filed an application for stay of execution of the judgment and orders dated 11 July 2023, pending his appeal to the Court of Appeal. The notice of appeal was filed on 13 July 2023. The first respondent opposed the application, arguing that the 60-day period for filing a memorandum of appeal had expired and that the orders had already been executed in respect of Plot 1315, which had been transferred into the names of the administrators of the estate of the late Christopher Mungegenya. An application for review (MA No. 1399 of 2023) had earlier been filed jointly by the deceased first plaintiff and the respondents, which was granted on 7 December 2023. In that ruling, the court made an interim order that execution should not proceed until determination of the stay application. The respondents filed a complaint seeking removal of that interim order. Subsequently, on 14 December 2023, the respondents lodged a notice of appeal against the review orders.

Issues

  1. Whether the application for stay of execution should be granted pending appeal.
  2. Whether the court had jurisdiction to make an interim order staying execution of review orders pending determination of the stay application.

Orders

  • The interim order for stay of execution made in MA No. 1399 of 2023 remains in force until further orders are made by the Court of Appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution — Inherent Jurisdiction — Power to Make Interim Orders
A court exercising its inherent jurisdiction under section 98 of the Civil Procedure Act has power to make interim orders necessary to meet the ends of justice and prevent abuse of process, including staying execution of orders pending determination of related applications and appeals.
Civil Procedure — Multiple Appeals — Competent Court
Where two notices of appeal have been filed against the same judgment, the Court of Appeal is the competent court to address the substantive issues raised.

Legislation cited (2)

Full judgment

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Kalemesa v Kaggwa and 2 Others (Miscellaneous Application 1487 of 2023) [2023] UGHCCD 363 (19 December 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.