Kiggundu v Kaddu (Miscellaneous Application 74 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for stay of execution dismissed as res judicata. The court held that the matters raised had been directly and substantially in issue in former applications between the same parties and had been heard and finally decided, making the present application barred under section 7 of the Civil Procedure Act.
Outcome
Application dismissed as res judicata
Facts
The applicant filed an application seeking a stay of execution of EMA No. 0024 of 2023 pending the hearing and disposal of HCM No. 1515 of 2023 and an appeal to the Court of Appeal (CACA No. 1527 of 2024). The application arose out of EMA No. 0024 of 2023, HCMA No. 0542 of 2023, and Divorce Cause No. 0002 of 2018. Upon review, the court found that the same matters had been conclusively determined in Miscellaneous Applications 1515 of 2023 and 1450 of 2023.
Issues
- Whether the application for a stay of execution should be granted
- Whether the application is res judicata having been determined in prior applications
Orders
- Application dismissed for being res judicata.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.