Wakilii

Nanyanzi v Moda Investments( U) Ltd (MISC. APPLICATION NO.292 OF 2019)

High Court · [2019] UGHCCD 212 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim stay of execution pending hearing of substantive stay application and appeal from Registrar's decree
Decision
Interim stay of execution granted for limited period pending fixing of substantive stay application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an interim stay of execution where the applicant demonstrated a pending substantive application for stay and appeal, and a real threat of imminent eviction. Following Hwan Sung Industries, it suffices for an interim stay that a substantive application is pending and there is a serious threat of execution before its hearing.

Outcome

Interim stay of execution granted for limited period pending fixing of substantive stay application

Facts

The applicant had filed an appeal against a decree signed by the Deputy Registrar in Civil Suit No. 110 of 2018 and a substantive application for stay of execution. Before the hearing of the substantive stay application, the respondent commenced execution proceedings and served an eviction order on the applicant through local authorities. A warrant to give vacant possession of land comprised in Plot 3736 Block 116 Kyaggwe at Nabuti Mukono Municipality dated 8th July 2019 had been issued and cleared by police. The applicant sought an urgent interim stay to prevent eviction while the substantive stay application and appeal remained pending and unheard.

Issues

  1. Whether the applicant satisfied the requirements for the grant of an interim stay of execution pending the hearing of the substantive application for stay.

Orders

  • Warrant to give vacant possession of land comprised in Plot 3736 Block 110 Kyaggwe situated at Nabuti Mukono Municipality in execution of Decree dated 8th July 2019 is stayed pending disposal of HCT-14-CV-MA-0291-2019.
  • The Interim Order shall remain in force from 27th September 2019 to 2nd October 2019.
  • If by 2nd October 2019 the Deputy Registrar has not fixed the main application for hearing, the order will be extended as the Deputy Registrar deems fit and reasonable.
  • Costs of the application to abide the result of the substantive application.

Rules and key headnotes

Civil Procedure — Interim Stay of Execution — Requirements for Grant
For an application for an interim order of stay of execution, it suffices to show that a substantive application for stay is pending and that there is a serious threat of execution before the hearing of the pending substantive application; it is not necessary to pre-empt consideration of matters necessary in deciding whether or not to grant the substantive application for stay.
Civil Procedure — Interim Relief — Exparte Applications — Circumstances Permitting
Under the amended Civil Procedure Rules, applications for interim relief may be heard exparte in exceptional circumstances including where the matter is urgent in nature, where there is a real threat or danger, or where the application is made in good faith.

Legislation cited (4)

Cases cited (1)

  • Hwan Sung Industries Ltd v Tajdin Hussein and Others (Civil Application No. 19 of 2008)

Full judgment

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

Nanyanzi Vs Moda Investments( U) Ltd (MISC. APPLICATION NO.292 OF 2019) [2019] UGHCCD 212 (27 September 2019)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.