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

Observed later treatment

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 granted an interim stay of execution of the High Court ruling and orders pending the hearing of the main application before the Court of Appeal. Although both parties filed their written submissions out of time and the Court would ordinarily have dismissed the application, the Justice invoked Rule 2(2) of the Rules of the Court of Appeal in the interest of justice and allowed the application with a warning to the parties to strictly comply with the Court's directives. The stay was ordered to lapse on 12 June 2022, by which date the Registrar was directed to fix the main application for hearing.

Outcome

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

Facts

The applicant sought an interim stay of execution of the ruling and orders of Justice Ketrah Katunguka of the High Court 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 the main application before the Court of Appeal. The application was supported by an affidavit deposed by the applicant, and the respondent filed an affidavit in reply. The Court directed the parties to file written submissions, with the applicant directed to file by 4 April 2022 and the respondent by 11 April 2022. The applicant filed her submissions on 11 April 2022 and the respondent filed his on 12 April 2022, both out of time.

Issues

1. Whether an interim stay of execution should be granted pending the hearing of the main application.
2. Whether the application should be dismissed for failure of the parties 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 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) Rule 2(2)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

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

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