Kings Investment Ltd v Gemex (U) Ltd (Miscellaneous Application No. 130 of 2021)

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

Application for stay of execution dismissed. The court held that no appeal had been fully lodged in the Court of Appeal as only a notice of appeal had been filed without a memorandum of appeal. The application was brought with unreasonable delay, six months after the threat of execution arose. The applicant's conduct was contemptuous, including failure to serve the respondent despite court orders and failure to file submissions.

Outcome

Application for stay of execution dismissed

Facts

The respondent obtained judgment against the applicant in Civil Suit No. 733 of 2016 on 7 February 2019 for USD 70,000 arising from breach of contract, plus general damages, interest and costs. The applicant filed a notice of appeal on 18 February 2019 but did not file a memorandum of appeal. The respondent filed its bill of costs on 28 August 2020. The applicant requested certified copies of proceedings and judgment through letters dated 15 February 2019, 5 October 2020, and 9 November 2020. Court informed the applicant on 11 November 2020 that the certified copies were ready. The documents were collected on 3 February 2021, the same day this application for stay of execution was filed. The applicant did not serve the respondent with the application despite court orders to do so.

Issues

1. Whether execution of the decree in Civil Suit No. 733 of 2016 should be stayed pending appeal.

Orders

• Application dismissed.
• No order as to costs since the respondent did not enter appearance or incur costs.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Act Cap 71 s.64(e)
• Civil Procedure Act Cap 71 s.98
• Judicature Act Cap 13 s.33
• Civil Procedure Rules SI 71-1 Order 43 Rule 4(1)
• Civil Procedure Rules SI 71-1 Order 43 Rule 4(5)
• Civil Procedure Rules SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 52 Rule 3

Cases cited (2)

• Lawrence Musiitwa Kyazze v Eunice Busingye (Supreme Court Civil Application No. 18 of 1990)
• Andrew Kisawuzi v Dan Oundo Malingu (Miscellaneous Application No. 467 of 2013)

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