Kalule v Nassozi (Misc. Aplic.No. 25 of 2015)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Court granted stay of execution pending appeal but held that the stay must be conditional on the applicant depositing security for costs. Under Order 43 rule 4(3)(c) of the Civil Procedure Rules, no stay of execution shall be made unless the court is satisfied that security has been given for due performance of the decree as may ultimately be binding on the applicant. The applicant was ordered to deposit the taxed costs in court as required by law.
Outcome
Stay of execution granted on condition that applicant deposits security for costs; matter to proceed to Court of Appeal
Facts
The applicant had been unsuccessful in Civil Appeal No. 5 of 2012 before the High Court Family Division and appealed to the Court of Appeal. He applied for stay of execution of the decree and stay of taxation of the Bill of Costs pending the appeal. The respondents' counsel did not object to the stay of execution but insisted on a condition that the applicant deposit the taxed costs in court as security. The applicant opposed the requirement for security, arguing that depositing costs would make the application useless and that there was likelihood of success in the appeal. During proceedings, it emerged that applicant's counsel had earlier conceded to allowing taxation to proceed, though counsel did not inform the court of this at the hearing.
Issues
- Whether the court should grant a stay of execution of the decree and taxation of Bill of Costs pending appeal to the Court of Appeal.
- Whether the applicant should be required to provide security for costs as a condition for the stay of execution.
Orders
- Stay of execution of the decree in Civil Appeal 05/2012 granted pending appeal to the Court of Appeal.
- Applicant ordered to deposit the taxed costs in court as security for costs for the stay of execution.
- Stay of taxation of Bill of Costs rendered redundant, having been conceded by applicant's counsel during proceedings.
Rules and key headnotes
Legislation cited (4)
Cases cited (3)
- Lawrence Musiitwa Kyazze v Eunice Busingye (Civil Application No. 18 of 1990)
- DFCU Bank Ltd v Dr. Ann Persis Nakate Lusejjere (Civil Application No. 29 of 2003)
- Godfrey Kasujja & 7 Others v Paul Njawukana (Civil Application No. 242 of 2012)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.