Nassolo & 3 Ors v Kisekka (Miscellaneous Application No. 1375 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that an application for stay of execution on the basis of a pending appeal must be filed before the time to appeal expires and there must be a valid appeal properly filed within time or with leave of court. Where a judgment was delivered on 27 March 2015 but the memorandum of appeal was filed on 29 October 2015 without any evidence of extension of time or pending application for extension, there is no valid appeal to justify a stay of execution. Application dismissed.
Outcome
Application for stay of execution dismissed
Facts
The Applicants sought an order staying execution of a decree from Civil Suit 01/2011 of the Chief Magistrate's Court of Nabweru, claiming that they had filed Civil Appeal 48/2015 in the High Court Land Division. The judgment in the lower court was delivered on 27 March 2015. The Applicants filed a notice of appeal on 27 October 2015 and a memorandum of appeal on 29 October 2015. The Respondent, as judgment creditor, commenced execution proceedings and issued a notice to show cause. The Applicants and their counsel failed to appear in answer to the notice. The Respondent contended that no valid appeal had been filed within the prescribed 30-day period and that the application for typed proceedings was dated 14 July 2015, after the appeal period had expired. The Respondent also raised concerns about irregularities in the commissioning of annexures to the affidavits.
Issues
- Whether execution of the decree should be stayed pending appeal.
- Whether the appeal was filed within time or with leave of court.
- Whether the application is defective due to procedural irregularities in the annexures.
Orders
- Application dismissed.
- Costs awarded to the Respondent.
Rules and key headnotes
Legislation cited (5)
- Civil Procedure Act s.98
- Civil Procedure Rules O.22
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
Cases cited (2)
- Saudi & Another v Ali Mukenya [1987] HCB 51
- Sinba (K) Ltd and 4 Others v UBC (Civil Appeal No. 03 of 2014)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.