Kasinzi alias Gatsinzi v Nyamayaalwo ans 2 Others (Miscellaneous Application No. 1494 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Held that an interim stay of execution may be granted where there is a competent notice of appeal, a pending substantive stay application, and a serious threat of execution. The applicant satisfied all three conditions. Although the respondents denied threatening execution, once an order is issued it must be executed unless stayed. An interim stay was necessary to preserve the status quo pending hearing of the substantive stay application.

Outcome

Interim stay of execution granted pending determination of substantive stay application (Miscellaneous Application No. 1493 of 2022)

Facts

The applicant held title to land comprised in Busuli Block 279 plots 13 and 16 LRV 1840 Kidudula Estate Land at Kawempe. The respondents instituted Civil Suit No. 756 of 2014 against him for cancellation of his title, recovery of the land, and general and aggravated damages. Judgment was entered in favour of the respondents on 2 September 2022. The applicant filed a notice of appeal and a substantive stay application (Miscellaneous Application No. 1493 of 2022). He then applied for an interim stay of execution pending determination of that substantive application. The applicant claimed the respondents were threatening immediate execution and had descended on the land, cutting trees and threatening workers. The respondents denied these allegations and opposed the interim application as premature and without merit.

Issues

1. Whether the applicant satisfied the conditions for grant of an interim order staying execution of a decree pending determination of a substantive stay application.

Orders

• An order for interim stay of execution of the decree and judgement of this court issued on 2nd September 2022 is hereby granted, pending the determination of the main application, vide: Miscellaneous Application No. 1493 of 2022.
• An interim injunction doth issue restraining the respondents from alienating or disposing of, or creating third party rights and or interfering with the status quo in respect of the suit land, until determination of the aforesaid substantive application.
• No orders as to costs.

Rules and key headnotes

Legislation cited (3)

• Judicature Act Cap.13 s.33
• Civil Procedure Act Cap.71 s.98
• Civil Procedure Rules SI 71-1 Order 52 rules 1 & 3

Cases cited (3)

• China Henan International Cooperation Group Co. Ltd v Justus Kgabahuta (Miscellaneous Application No. 30 of 2021)
• Zubeda Mohamed and Another v Lalji Walji and Another (Civil Reference No. 01 of 2016)
• Huang Sung Industries Ltd v Tajdin Hussein and Others (Civil Application No. 19 of 2008)

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