Wakilii

Kiryowa Moses Kalinda v Sauda Nabaloga Kayima (Miscellaneous Application No. 1502 of 2025)

High Court · [2025] UGHCLD 329 · 2025 Application Withdrawn AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of exparte judgment pending hearing of application to set aside exparte judgment, withdrawn by applicant
Decision
Application withdrawn by applicant and discontinued by court; respondent awarded costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought to stay execution of an exparte judgment pending hearing of an application to set aside that judgment. Before the hearing, the applicant filed a notice of withdrawal stating the parties were pursuing amicable settlement and the respondent had received her certificate of title. The court discontinued the application under Order 25 Rules 1 and 2 of the Civil Procedure Rules and awarded costs to the respondent.

Outcome

Application withdrawn by applicant and discontinued by court; respondent awarded costs

Facts

The applicant filed an application seeking to stay execution of an exparte judgment and decree dated 21 February 2025 in Civil Suit No. 931 of 2018 pending the hearing of Miscellaneous Application No. 1496 of 2025 to set aside that exparte judgment. The respondent filed an affidavit in reply on 8 September 2025. The application was fixed for hearing on 16 September 2025 and the court gave parties schedules for filing submissions. On 17 October 2025, counsel for the applicant filed a notice of withdrawal stating the applicant had withdrawn the application to pursue amicable settlement. The notice stated the respondent had received her certificate of title which she bought from the applicant after willfully withdrawing her caveat from the suit land that had delayed subdivision.

Orders

  • The Application is hereby withdrawn/discontinued at the instance of the Applicant under Order 25, Rule 1 and 2 of the Civil Procedure Rules SI 71-1.
  • The Respondents are awarded costs of this Application.

Legislation cited (2)

Full judgment

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Kiryowa_Moses_Kalinda_v_Sauda_Nabaloga_Kayima_(Miscellaneous_Application_No._1502_of_2025)_[2025]_UGHCLD_329_(21_October_2025)
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.