Wakilii

Oloya v Okirwoth & Anor (Miscellaneous Application No. 82 of 2015)

High Court · [2016] UGHCCD 51 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal to Court of Appeal
Decision
Stay of execution granted pending appeal determination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a respondent is duly served with a notice of motion for stay of execution pending appeal and fails to file any response or submissions, the court may grant the stay if no legal impediment exists. Failure to respond to served pleadings creates a presumption of conceding to the pleadings.

Outcome

Stay of execution granted pending appeal determination

Facts

The applicant filed a notice of motion seeking a stay of execution of a decree arising from Civil Suit No. 075/2008 pending disposal of Civil Appeal No. 158/2014 in the Court of Appeal. The respondents had applied to execute the decree and a warrant of arrest dated 14 May 2015 was issued against the applicant. An interim stay of execution was issued by the Registrar. The respondents were personally served on 7 October 2015 and 11 November 2015 respectively. Despite being duly served, the respondents neither replied to the notice of motion nor filed written submissions.

Issues

  1. Whether to grant a stay of execution of the decree pending determination of the appeal.

Orders

  • Application for stay of execution of the decree under Civil Suit No. 75/2008 granted pending determination of Court of Appeal case No. 158/2014.
  • Proceedings in HCT-02-CV-CS-0075/2008 to be transmitted to Court of Appeal Kampala without further delay.
  • No order as to costs.

Legislation cited (5)

  • Civil Procedure Act s.98
  • Civil Procedure Rules O.43 r.4(1)
  • Civil Procedure Rules O.43 r.4(3)
  • Civil Procedure Rules O.43 r.4(4)
  • Civil Procedure Rules O.43 r.4(5)

Full judgment

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

Oloya v Okirwoth & Anor (Miscellaneous Application No. 82 of 2015) [2016] UGHCCD 51 (24 June 2016)
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.