Wakilii

Lubega v Lubega and 5 Others (Civil Application 770 of 2022)

Court of Appeal · [2023] UGCA 359 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an interim order of stay of execution pending determination of a substantive application for stay of execution
Decision
Interim stay of execution granted pending determination of the substantive application for stay

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The single Justice held that an interim order of stay of execution is granted where the applicant shows a competent notice of appeal, a pending substantive application for stay of execution, and a serious threat of execution before that application is heard. The applicant had lodged Civil Appeal No. 49 of 2019 (heard but undetermined) and a substantive application for stay, and the respondents had attempted execution by obtaining a garnishee absolute. The Court found the conditions satisfied and granted the interim stay of the High Court judgment and decree pending determination of the substantive application, with costs in the cause.

Outcome

Interim stay of execution granted pending determination of the substantive application for stay

Facts

The applicant was sued by the respondents in High Court Civil Suit No. 875 of 2014. The High Court entered judgment for the respondents, ordering payment of a decretal sum of UGX 500,000 plus interest and a portion of the taxed costs. Dissatisfied, the applicant lodged Civil Appeal No. 49 of 2019 in the Court of Appeal, which was heard but for which judgment had not been delivered. The applicant also filed a substantive application for stay of execution (Civil Application No. 769 of 2022). The respondents attempted to execute the decree by obtaining a garnishee absolute. The applicant accordingly sought an interim order staying execution pending determination of the substantive stay application.

Issues

  1. Whether the applicant satisfied the conditions for the grant of an interim order of stay of execution pending the hearing of the substantive application for stay.

Orders

  • An interim order issued staying execution of the judgment and decree in HCCS No. 875 of 2014 pending hearing and determination of the substantive application.
  • The Registrar directed to fix the substantive application for hearing as soon as possible.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant of Interim Order
An interim order of stay of execution is granted where the applicant establishes the presence of a competent notice of appeal, a pending substantive application for stay of execution, and a serious threat of execution before the substantive application is heard.
Civil Procedure — Interim Stay — Scope of Inquiry
On an application for an interim order of stay it suffices to show that a substantive application is pending and that there is a serious threat of execution before its hearing; the court need not pre-empt the matters to be considered in deciding the substantive application.

Legislation cited (2)

Cases cited (3)

  • Hwang Sung Industries v Tajdin Hussein and 2 Others (Civil Application No. 19 of 2008)
  • Patrick Kaumba Wiltshire v Ismail Dabule (Civil Application No. 3 of 2018)
  • Zubeda Mohamed & Anor v Lalla Walia & Anor (Civil Reference No. 7 of 2016)

Full judgment

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

Lubega v Lubega and 5 Others (Civil Application 770 of 2022) [2023] UGCA 359 (20 March 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.