Kamya and 4 Others v Lugolobi Gitta (Civil Application 1013 of 2023)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The single Justice considered whether an application for a stay of execution and temporary injunction pending appeal could be brought directly to the Court of Appeal without first applying to the High Court. Under Rule 42(1) of the Court of Appeal Rules, where an application may be made in either court it must first be made in the High Court, save where special or exceptional circumstances are shown. The applicants had not sought relief in the High Court and demonstrated no special circumstances. Inherent powers under Rule 2(2) could not be invoked to defeat that rule. The court upheld the respondent's preliminary objection, found the applicants in abuse of process, and dismissed both the main and interim applications with no order as to costs.

Outcome

Both the main and interim applications dismissed for failure to first apply to the High Court; no order as to costs.

Facts

The applicants, suing as administrators of the estate of the late David Kamya and claiming as kibanja occupants, were in a land dispute with the respondent over land at Seeta comprised in Kyaggwe Block 110 plots 989 and 990. They had lodged Civil Appeal No. 1021 of 2023 before the Court of Appeal. Pending that appeal, and apprehending that the respondent might evict them or transfer, subdivide or otherwise deal with the disputed land, the applicants applied directly to the Court of Appeal for a stay of execution and a temporary injunction restraining such dealings until the appeal was determined. They did not first apply to the High Court for the same relief, nor did they place before the court any evidence that they had been denied such relief in the High Court or that special circumstances justified coming directly to the Court of Appeal.

Issues

1. Whether the application for stay of execution and a temporary injunction pending appeal was competently brought directly in the Court of Appeal without first being made in the High Court, or amounted to an abuse of court process.
2. Whether the applicants had satisfied the conditions for the grant of a stay of execution and temporary injunction pending appeal.

Orders

• Preliminary objection by counsel for the respondent upheld.
• The main application for stay of execution, Civil Application No. 1013 of 2023, dismissed.
• The interim application, Civil Application No. 1015 of 2023, rendered nugatory and dismissed.
• No order made as to costs in both applications.

Rules and key headnotes

Legislation cited (7)

• Judicature Act s.12
• Judicature Act s.33
• Land Act 1998 s.3
• Judicature (Court of Appeal Rules) Directions SI No. 13 of 2010 rule 2(2)
• Judicature (Court of Appeal Rules) Directions SI No. 13 of 2010 rule 6(2)(b)
• Judicature (Court of Appeal Rules) Directions SI No. 13 of 2010 rule 42(1)
• Judicature (Court of Appeal Rules) Directions SI No. 13 of 2010 rule 44

Cases cited (7)

• Nakato Sarah & Anor v James Busonga & 2 Ors (Civil Application No. 303 of 2023)
• Gladys Mukula v Rosemary Nabukenya (Civil Application No. 21 of 2020)
• Barclays Bank of Uganda Ltd v Eddy Rodrigues (Civil Appeal No. 5 of 1987)
• Orient Bank Ltd v Fredrick J.K. Zaabwe & Anor (Civil Application No. 19 of 2007)
• Adonia v Mutekanga [1970] EA 429
• Okonga Rashid v Byenkya Amos (Civil Application No. 977 of 2021)
• Augustine Mukiibi v Hosana Evangelist Mission & Ors (Civil Application No. 295 of 2017)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Julius Kamya and Others v Haji Ahmed Lugoloobi Gitta (Miscellaneous Application No. 577 of 2024) applied

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