Oryema v Odota & 2 Others (Miscellaneous Application 16 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that the applicant failed to establish sufficient cause for stay of execution. Although a pending appeal existed, there was no evidence of imminent threat of execution four years after judgment, no irreparable loss demonstrated, and substantial delay of four years in filing the application. The application was dismissed with each party to bear own costs.
Outcome
Application for stay of execution dismissed
Facts
The applicant sought stay of execution of a High Court judgment delivered on 22 May 2020 pending disposal of an appeal filed in the Court of Appeal (Civil Appeal No. 062/2022). The application was filed on 12 April 2024, four years after the judgment. The applicant claimed the respondents were cultivating on the suit land and destroying vegetation, threatening her with eviction and irreparable loss. The respondents opposed, stating they had lived on the land for five decades, no execution proceedings had commenced, the bills of costs remained untaxed, and the applicant was not in occupation of the suit land. The original suit was in trespass seeking vacant possession.
Issues
- Whether the Applicant has established sufficient cause for the Court to judiciously exercise its discretion and grant an Order for stay of execution of the Judgment and Order in High Court Civil Appeal No. 022/2014.
Orders
- Miscellaneous Application No. 016/2024 is hereby dismissed.
- Each Party shall bear their own costs.
Rules and key headnotes
Legislation cited (2)
Cases cited (4)
- Lawrence Musiitwa Kyazze v Eunice Busingye (Supreme Court Civil Application No. 18 of 1990)
- Kyambogo University v Prof. Isaiah Omolo Ndiege (Court of Appeal Civil Appeal No. 341 of 2013)
- Hon. Theodore Ssekikubo and 3 Others v The Attorney General and 4 Others (Supreme Court Constitutional Application No. 6 of 2013)
- Onyango Olweny Galdino and 4 Others v Odongo Marino and 5 Others (Miscellaneous Application No. 79 of 2023)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.