Miwanda & 9 Others v Kalule & 2 Others (Civil Application 110 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A single Justice of the Court of Appeal has jurisdiction under section 12 of the Judicature Act only over interlocutory causes or matters. Because no appeal remained pending before the Court of Appeal after its orders of 21 February 2023, the application for stay of execution was not interlocutory and only a panel of three Justices could determine it. The single Justice therefore declined jurisdiction and directed the Registrar to place the matter before a three-Justice panel. Nonetheless, in the interest of justice, and to prevent the application being rendered nugatory by an imminent eviction affecting two schools and a deceased's estate, he granted an interim stay of execution until the panel hears the application.

Outcome

Single Justice declined jurisdiction; matter referred to a panel of three Justices, with an interim stay of execution granted pending that hearing.

Facts

The applicants were spiritual children, associates and business entities connected to the late Pastor Hellen Darlia Nanfuka Wamala, who died in 2016; the respondents were her brothers and customary heir. The deceased's will bequeathed her estate to her biological daughter, who predeceased her. After the daughter's death the executors petitioned for probate, the respondents caveated and sued to nullify the will. The High Court (Family Division) found the will valid but inoperable as the sole beneficiary had predeceased the testator, and ordered the estate handled as intestate. The applicants appealed (Civil Appeal No. 83 of 2021). On 21 February 2023 a panel of the Court of Appeal dismissed the applicants' application for extension of time and struck out their Notice of Appeal. The applicants filed a Notice of Appeal to the Supreme Court and this application for stay of execution. A High Court eviction notice required them to vacate two schools and land at Kisugu by 24 August 2023.

Issues

1. Whether a single Justice of the Court of Appeal has jurisdiction to entertain the application for stay of execution.
2. Whether the threatened execution should be stayed in the interim pending disposal of the application by a panel of three Justices.

Orders

• The Registrar of the court is directed to place this matter for disposal on its merits by a panel of three Justices of the court at the earliest convenient session.
• In the meantime, the execution against the applicants by the respondents is stayed pending the hearing of this application by the panel of three Justices of the court or until further or other orders of the court.

Rules and key headnotes

Legislation cited (1)

• Judicature Act Cap. 13 s.12

Cases cited (1)

• Jomayi Property Consultants Ltd v Andrew Maviiri (Civil Reference No. 174 of 2015)

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