Obwana v Registered Trustees of Tororo Diocese (HCT-04-CV-MA-0090-2008)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for stay of execution dismissed as overtaken by events. Where a memorandum of appeal has been filed in the Court of Appeal and challenges to that appeal are pending, the trial court should not continue to handle interim matters that may result in contradictory orders.
Outcome
Application for stay of execution dismissed on grounds that matter has been overtaken by events in Court of Appeal
Facts
The applicant obtained an interim order of stay of execution from the Registrar on 19th June 2008. The substantive application for stay of execution was filed as Misc. Application 90 of 2008. Subsequently, on 20th March 2009, the applicant filed a memorandum of appeal in the Court of Appeal (Civil Appeal 16 of 2009). On 20th October 2009, the respondent filed Misc. Application 156 of 2009 in the Court of Appeal challenging the validity of Civil Appeal 16 of 2009. That application was pending hearing. The substantive application for stay of execution was listed for hearing in the High Court on 15th June 2010.
Issues
- Whether the application for stay of execution should be granted given subsequent appeals and applications filed in the Court of Appeal.
Orders
- Application dismissed.
- Costs shall be in the cause.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.