Muzamil Mohamed Rajab and Others v Hadadi Mohamed Rajab and Others (Civil Application No. 0655 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an application for a stay of execution pending a civil appeal, the single Justice applied the Ssekikubo principles: likelihood of success, irreparable damage or the appeal being rendered nugatory, the balance of convenience, and absence of delay. The court found the memorandum of appeal raised triable issues (including that the suit was time-barred) so the appeal was not vexatious; that some applicants resided on the suit land and would be rendered homeless on execution, amounting to irreparable loss not curable in money; that the balance of convenience favoured the applicants; and that the application was brought within a reasonable time. The application was granted.

Outcome

Stay of execution granted pending determination of the appeal, with costs in the cause

Facts

The applicants held Letters of Administration to the estate of their late father, Mohamed Rajab, who had three wives, each given a home in which she lived with her children in accordance with the family's faith and culture. The applicants administered their mother's home for the benefit of their siblings. The respondents filed High Court Civil Suit No. 188 of 2015 to revoke those Letters of Administration and to share in the property; the High Court found for the respondents, revoked the applicants' Letters of Administration and ordered that the respondents benefit from the applicants' home. The applicants appealed. The respondents demarcated the suit land, sent people to inspect it, involved the police, and began steps that, the applicants feared, would lead to sale of the suit property. Some applicants reside on the suit land. The applicants sought a stay of execution pending the appeal; an earlier stay application in the High Court had been dismissed.

Issues

1. Whether the applicants established that their pending appeal has a likelihood of success or a prima facie right of appeal.
2. Whether the applicants would suffer irreparable loss, or the appeal be rendered nugatory, if a stay of execution is not granted.
3. Where the balance of convenience lies between the parties.
4. Whether the application for a stay of execution was instituted without delay.

Orders

• The application is granted.
• Costs in the cause.

Rules and key headnotes

Legislation cited (8)

• Judicature (Court of Appeal Rules) Directions SI 13-10 r.2(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.6(2)(b)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.42(1)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.42(3)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.43(1)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.44(1)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.76
• Limitation Act s.20

Cases cited (11)

• P.K. Sengendo v Busulwa Lawrence (Civil Application No. 207 of 2014)
• Lawrence Musiitwa Kyazze v Eunice Busingye (Civil Appeal No. 18 of 1990)
• Hon. Theodore Ssekikubo and 3 Others v Attorney General and 4 Others (Civil Application No. 06 of 2013)
• Akankwasa Damian v Uganda (Constitutional Application Nos. 7 and 9 of 2011)
• Gashumba Maniraguha v Sam Nkundiye (Civil Application No. 24 of 2015)
• National Enterprise Corporation v Mukisa Foods (Miscellaneous Application No. 7 of 1998)
• Francis Hansio Micar v Nuwa Walakira (Civil Application No. 9 of 1990)
• Lubega Moses v Nassimbwa Sylvia (Civil Application No. 122 of 2024)
• Haruna Sentongo v I&M Bank Ltd (Civil Application No. 113 of 2023)
• Amos Nzeyi v Mena Tewahade (Civil Application No. 544 of 2024)
• Tropical Commodities Supplies Ltd and others versus International Credit Bank Ltd (in Liquidation) (2004)2 FLA 331

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