Namuli v Tibahwerwayo (Civil Appeal No. 76 of 2022)

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

The single Justice of the Court of Appeal granted an interim stay of execution of the High Court's ruling and orders pending the hearing of the main stay application. Although both parties filed their written submissions out of time, contrary to the Court's directions, the Justice invoked Rule 2(2) of the Court of Appeal Rules and, in the interest of justice, allowed the application rather than dismissing it, while issuing a warning to the parties to strictly comply with the Court's directives. The interim stay was ordered to lapse on 12 June 2022, and the Registrar was directed to fix the main application for hearing before that date, with costs to abide the result of the main application.

Outcome

Interim stay of execution granted pending the hearing of the main application, to lapse on 12 June 2022

Facts

The applicant, Namuli Daisy, sought an interim stay of execution of the ruling and orders of Justice Ketrah Katunguka, J dated 12 September 2019 in High Court Civil Appeal No. 33 of 2016 and Nakawa Divorce Cause No. 11 of 2016, pending the hearing of a main application before the Court of Appeal. The application was supported by an affidavit deponed by the applicant, and the respondent filed an affidavit in reply. The Court directed the applicant to file written submissions by 4 April 2022 and the respondent by 11 April 2022. The applicant filed her submissions on 11 April 2022, out of time, and the respondent filed his on 12 April 2022, also out of time.

Issues

1. Whether an interim stay of execution should be granted pending the hearing of the main application, notwithstanding the parties' failure to file written submissions within the time directed by the Court.

Orders

• An interim stay of execution is granted in the terms set out in the Notice of Motion.
• The order shall lapse on 12th June, 2022.
• The Registrar of the Court is directed to fix the main application for hearing before 12th June, 2022.
• Costs shall abide the result of the main application.

Rules and key headnotes

Legislation cited (1)

• Rules of the Court of Appeal (Judicature (Court of Appeal Rules) Directions) r.2(2)

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