Wakilii

Kasozi and 3 Others v Kasozi and 3 Others (Miscellaneous Application 2419 of 2023)

High Court · [2023] UGHCLD 390 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim stay of execution arising from an application for temporary stay of execution pending determination of an application to set aside a consent judgment
Decision
Interim stay of execution granted maintaining the status quo pending determination of the substantive application for temporary stay

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an interim stay of execution should be granted where three requirements are established: a substantive application is pending, there is a serious threat of execution before the hearing, and failure to grant the order would render the substantive application nugatory. The applicants, who were beneficiaries of the deceased's estate and not parties to the consent judgment being executed, satisfied all three requirements and the interim stay was granted to maintain the status quo.

Outcome

Interim stay of execution granted maintaining the status quo pending determination of the substantive application for temporary stay

Facts

The applicants are beneficiaries of the Estate of the Late Joseph Kasana. The 1st and 2nd respondents were parties to Civil Suit No. 211 of 2011 which resulted in a consent judgment dated 10th February 2015 concerning land comprised in LRV 4194 Fol. 15 Kyadondo Block 273 Plot 275. The applicants were not parties to that suit or the consent judgment. The 2nd respondent applied for execution of the consent judgment by attachment and sale of the suit land. A warrant of attachment and sale was issued and the suit land was sold to the 4th respondent. A notice of eviction was issued directing the applicants to vacate the suit land by 18th August 2023. The applicants filed applications to set aside the consent judgment and for temporary stay of execution. They then filed the present application for interim stay of execution pending determination of the temporary stay application. The 2nd respondent did not object to the application and no other respondent filed a reply.

Issues

  1. Whether the applicants met the requirements for grant of an interim order for stay of execution pending determination of a substantive application for temporary stay.

Orders

  • An interim order to stay execution maintaining the status quo doth issue against the respondents pending the determination of the substantive application for temporary stay of execution.
  • Costs of this application shall abide the outcome of the substantive application.

Rules and key headnotes

Civil Procedure — Interim Stay of Execution — Requirements for Grant
An interim order for stay of execution should be granted where the applicant establishes three requirements: that there is a substantive application pending in court; that there is a serious threat of execution before the hearing of the substantive application; and that if the application is not granted it would render the substantive application nugatory.
Civil Procedure — Interim Orders — Purpose and Rationale
The rationale for interim orders including stay of execution, stay of proceedings and injunctions is to preserve the right of the applicant to have his or her application heard and to ensure that the main application is not rendered nugatory.
Civil Procedure — Affidavit Evidence — Unrebutted Facts
Where facts are sworn to in an affidavit and they are not denied or rebutted by the opposite party, they are deemed admitted.
Civil Procedure — Execution — Threat of Execution Against Non-Parties
There is a serious threat of execution where a notice of eviction has been issued against applicants who were not parties to the consent judgment being executed, even where the suit land has already been sold to a third party, because eviction of the occupants remains an act to be done.

Legislation cited (5)

Cases cited (4)

Full judgment

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

Kasozi_and_3_Others_v_Kasozi_and_3_Others_(Miscellaneous_Application_2419_of_2023)_[2023]_UGHCLD_390_(26_September_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.