Makerere University v Rajab Kagoro (Miscellaneous Application No 96 of 2006) (Miscellaneous Application No 96 of 2006)

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 payment into court by the judgment debtor did not constitute a deposit as a condition for appeal, and there was no pending appeal as neither a provisional memorandum nor memorandum of appeal had been filed. The judgment creditor, a 74-year-old retired employee denied pension for nine years, was entitled to immediate payment of the decretal sum.

Outcome

Application dismissed; judgment creditor entitled to immediate payment of decretal sum

Facts

The respondent, a former employee of Makerere University, retired at age 65 and was denied pension. He brought suit in H.C.C.S. No. 823 of 2003 and obtained judgment by admission for a liquidated sum. The university argued the pension was only payable after 15 years. By the time of this application, the respondent was 74 years old. Judgment was entered in favour of the respondent. The judgment creditor attached assets and the university paid into court, discharging the decree. The university then applied to stay execution, claiming it intended to appeal.

Issues

1. Whether the applicant should be granted a stay of execution on the ground that it intends to pursue an appeal.
2. Whether there is a pending appeal for purposes of granting a stay of execution.

Orders

• Application dismissed with costs.
• Respondent to be paid his decretal sum forthwith.

Rules and key headnotes

Cases cited (2)

• Elizabeth Nakanwagi v Stiling Civil Engineering (H.C.C.S. No. 650 of 1993)
• Nanguga Livestock vs. Enego Project KARL (1995) 6

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