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Okune & 5 Others v Obia & Another (Civil Application 717 of 2024)

Court of Appeal · [2025] UGCA 23 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single Justice of the Court of Appeal for a stay of execution pending appeal, following dismissal of a like application by the High Court
Decision
Application for stay of execution granted; execution of the High Court decree stayed pending determination of the appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an application for stay of execution pending appeal, the single Justice held the High Court orders were not moot: the declaratory orders were accompanied by injunctions and consequential directions to de-gazette the 1st applicant and re-gazette the abdicated chief, making them executable orders capable of being stayed. Applying the Ssekikubo conditions, the Court found the thirteen proposed grounds raised an arguable appeal with a likelihood of success; that the 1st applicant, having taken irreversible steps (resigning his employment and clan-chief office) after his election as Paramount Chief, would suffer irreparable harm if de-gazetted before the appeal; that the balance of convenience favoured the applicants since the abdicated chief had not challenged the election; and that the application was brought without delay. Stay granted.

Outcome

Application for stay of execution granted; execution of the High Court decree stayed pending determination of the appeal

Facts

The respondents sued in the High Court at Lira challenging the election of the 1st applicant as the traditional or cultural leader (Paramount Chief / Won Nyaci) of Lango, contending the election was illegal. The applicants pleaded that the 1st applicant was elected by a majority of clan heads following the voluntary abdication of His Highness Yosum Odur Ebii, and was subsequently gazetted. On 31 October 2024 the High Court declared the 1st applicant's election illegal, permanently injuncted his installation, declared Yosum Odur Ebii to remain Paramount Chief, and directed the Minister of Gender, Labour and Social Development to re-gazette him. After his election the 1st applicant had resigned his clan-chief office and reduced his Ministry of Works post-retirement contract in anticipation of his duties. The High Court dismissed his application for stay on 29 November 2024, prompting this application in the Court of Appeal.

Issues

  1. Whether the application for stay of execution was moot given that the High Court orders were declaratory and said to be self-executing.
  2. Whether the applicants established a prima facie case with a likelihood of success on the intended appeal.
  3. Whether the applicants would suffer irreparable damage, or the appeal be rendered nugatory, if a stay of execution was not granted.
  4. Where the balance of convenience lay.
  5. Whether the application was instituted without delay.

Orders

  • An order of stay of execution of the decree in Lira High Court Civil Suit No. 10 of 2024 is granted pending the hearing and determination of the appeal emanating from the said suit.
  • Costs of this application shall abide the outcome of the appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for grant
An applicant seeking a stay of execution pending appeal must establish a likelihood of success or a prima facie case of a right to appeal, and that irreparable damage will be suffered or the appeal rendered nugatory if a stay is refused; failing those, the court considers where the balance of convenience lies, and the applicant must also show the application was brought without delay.
Civil Procedure — Stay of Execution — Mootness — Declaratory orders with consequential relief
Declaratory orders are not stand-alone declarations of right, and are therefore not moot, where they are accompanied by injunctions and consequential orders directing executive action; such orders are executable and a stay of execution may properly be entertained.
Civil Procedure — Stay of Execution — Prima facie case — Arguable appeal
An arguable appeal need not be one that must necessarily succeed, but one which is not frivolous and ought to be argued fully before the court; proposed grounds raising serious points of law and fact establish a prima facie case with a likelihood of success.
Civil Procedure — Stay of Execution — Irreparable damage
Where a party has taken irreversible steps in reliance on the position established before judgment, and execution would place the relief sought on appeal beyond reach, the harm is irreparable, being damage incapable of measurement by a fixed pecuniary standard and not atonable in damages.
Civil Procedure — Stay of Execution — Balance of convenience
Where there is doubt as to likelihood of success or irreparable harm, the balance of convenience favours preserving the status quo pending appeal, particularly where the party to be reinstated by execution did not himself challenge the matter and would suffer little or no inconvenience from a stay.

Legislation cited (2)

  • Rules of the Court of Appeal r.6(2)(b)
  • Rules of the Court of Appeal r.2(2)

Cases cited (6)

  • Wilson v Church (1879) 12 Ch D 454
  • Global Capital Save 2004 Ltd & Anor v Alice Okiror & Anor (HCMA No. 485 of 2012)
  • Imperial Royal Hotel Ltd & 2 Ors v Ochan Daniel (Miscellaneous Application No. 777 of 2012)
  • Hon. Theodore Ssekikubo & Others v Attorney General and Another (Constitutional Application No. 06 of 2013)
  • Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others (2013) eKLR
  • Eng. Odongo & Others v Obia & Anor (High Court Miscellaneous Application No. 126 of 2024)

Full judgment

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

Okune & 5 Others v Obia & Another (Civil Application 717 of 2024) [2025] UGCA 23 (29 January 2025)
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.