NIC General Insurance Company Limited v Kazerwa Brasius (Civil Application 1055 of 2023)

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

On an application to a single Justice for a stay of execution pending appeal, the court restated the conditions: the applicant must show a lodged notice of appeal, a high likelihood of success, that substantial loss may result unless the stay is granted, and that the application was brought without unreasonable delay. A stay is grounded on the pendency of a valid appeal. Although a notice of appeal had been lodged, the memorandum of appeal was filed out of time and there was no application for leave to file out of time, so the applicant had not shown a competent appeal. The first and more pertinent condition being unsatisfied, the application was dismissed with costs.

Outcome

Application for stay of execution dismissed with costs

Facts

The respondent filed High Court Civil Suit No. 406 of 2017 at the Commercial Division, which was decided in his favour, judgment being entered on 13 August 2021 for sums in Rwandan francs and Uganda shillings as special and general damages plus taxed costs. The applicant insurance company, being dissatisfied, lodged a notice of appeal in August 2021. Its application for stay of execution in the High Court (Misc. Application No. 917 of 2022) was dismissed. The applicant filed a memorandum of appeal in the Court of Appeal on 12 January 2023, and then brought interim and substantive applications for a stay of execution in that court. The respondent contended the appeal was incompetent because the memorandum of appeal was filed over a year and a half after the certified record of proceedings was ready, beyond the prescribed time, with no application for leave to file out of time.

Issues

1. Whether the applicant should be granted an order of stay of execution pending the determination of the appeal.
2. Whether there was a competent appeal on record where the memorandum of appeal was filed out of time without any application for leave to file out of time.

Orders

• The application is dismissed with costs.

Rules and key headnotes

Legislation cited (9)

• Judicature Act s.33
• Civil Procedure Act s.98
• Judicature (Court of Appeal Rules) Directions, SI 13-10, rule 2(2)
• Judicature (Court of Appeal Rules) Directions, SI 13-10, rule 6(2)(b)
• Judicature (Court of Appeal Rules) Directions, SI 13-10, rule 42
• Judicature (Court of Appeal Rules) Directions, SI 13-10, rule 43
• Judicature (Court of Appeal Rules) Directions, SI 13-10, rule 44
• Judicature (Court of Appeal Rules) Directions, SI 13-10, rule 76
• Judicature (Court of Appeal Rules) Directions, SI 13-10, rule 81(2)

Cases cited (6)

• Hon. Theodore Ssekikubo & Others v the Attorney General & Another CA No 06 of 2013
• Kiyimba Kaggwa v Haiji Abdul Nasser Katende (1985) HCB
• Nagar Palika Bureau v Bhabhlubhai Virabhai (2005) 4 SCC
• Obwana v Registered Trustees of Tororo Diocese (Civil Reference No. 69 of 2020)
• Kisuule v Greenland Bank (in liquidation) (Supreme Court Civil Appeal No. 7 of 2020)
• Kyambogo University v Ndiege (Court of Appeal Civil Application No. 141 of 2013)

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