Makerere University Business School (MUBS) Anor v Magoola (MISC APPLICATION NO295 OF 2020)

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

Held that an affidavit not commissioned by a Commissioner for Oaths and bearing no date is incurably defective and must be struck off the record. Where a party has lodged a notice of appeal and applied for certified proceedings, they are deemed to have filed an appeal and may apply for stay of execution. The applicants satisfied all conditions for stay: imminent threat of execution, substantial loss if not granted, and no unreasonable delay. Application allowed.

Outcome

Stay of execution granted pending appeal to the Court of Appeal

Facts

The 2nd applicant, Principal of the 1st applicant institution, suspended the respondent from his positions as Dean and Senior Lecturer in August 2019 over allegations requiring disciplinary action. The respondent challenged the suspension in Miscellaneous Cause No. 242 of 2019, which was decided in his favour on 29 May 2020. The applicants filed a notice of appeal and applied for certified proceedings to appeal to the Court of Appeal. The respondent extracted the order, filed a bill of costs, and sought to enforce the trial court's orders by reporting for duty and filing a further application (M.A. No. 416 of 2020) to compel compliance. The applicants then filed this application on 24 June 2020 seeking stay of execution pending appeal.

Issues

1. Whether the respondent's affidavit in reply was competent having not been commissioned by a Commissioner for Oaths nor dated.
2. Whether the applicants satisfied the conditions for grant of a stay of execution pending appeal.

Orders

• An order for stay of execution and enforcement of the Ruling and Orders in High Court Civil Division Miscellaneous Cause No. 242 of 2019 is issued pending the hearing and determination of the appeal against the said Ruling and Orders.
• The costs of this application shall abide the outcome of the appeal.

Rules and key headnotes

Legislation cited (8)

• Judicature Act Cap 13 s.33
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules S.I 71-11 Order 43 Rules 4(1), (2), (3) & (5)
• Commissioners for Oaths Advocates Act Cap 5 s.5
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 42(1)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 76(1)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 83(1)(a)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 83(2)

Cases cited (2)

• Wilson v Church (1879) 12 Ch D 454
• In Re A Caveat HCMA 1248/1998

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