Wakilii

Sekajja v Falidah (Miscellaneous Application 32 of 1994)

High Court · [1994] UGHC 62 · 1994 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time against registrar's order of attachment and application for stay of execution
Decision
Leave to appeal granted in part regarding interest only; stay of execution granted as to contested interest amount; applicant ordered to pay undisputed balance within 30 days.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted leave to appeal out of time limited to the question of interest of Shs. 2,760,000/= included in the registrar's execution order, finding that the trial judgment did not specify the rate at which interest was to be calculated. The applicant's 16-day delay was excused on the basis that his challenge to the interest had a prima facie case. The application for stay was struck out as improperly instituted by motion instead of summons, but the court exercised inherent powers to stay execution of the contested interest amount pending appeal. Applicant ordered to pay the balance of the decretal amount within 30 days.

Outcome

Leave to appeal granted in part regarding interest only; stay of execution granted as to contested interest amount; applicant ordered to pay undisputed balance within 30 days.

Facts

Applicant was defendant in High Court Civil Suit No. 1014 of 1989 concerning a property dispute. Judgment was entered against him on 28th February 1992 by Kalanda J, awarding respondent general damages of Shs. 2,000,000/= with interest at court rates. Applicant's appeal to the Supreme Court failed. Costs were taxed at Shs. 914,630/= in the High Court and Shs. 2,452,630/= in the Supreme Court. On 7th January 1994 respondent filed for execution including a claim for interest of Shs. 2,760,000/=. The Deputy Registrar issued warrant of attachment on 11th January 1994. Applicant filed a Notice of Motion on 2nd February 1994 under wrong statutory provisions, which was struck out on 21st February 1994. Applicant then filed the present applications seeking leave to appeal out of time and stay of execution, appearing in person after his advocate failed to attend.

Issues

  1. Whether the applicant should be granted leave to appeal out of time against the registrar's order of attachment dated 11th January 1994.
  2. Whether execution should be stayed pending the determination of the intended appeal.
  3. Whether the interest amount of Shs. 2,760,000/= was properly awarded and included in the execution order.

Orders

  • Leave to appeal out of time granted in part — applicant granted leave to appeal against registrar's order of 11th January 1994 as regards approval of Shs. 2,760,000/= as interest.
  • Appeal must be filed within seven (7) days from 9th March 1994.
  • Execution stayed with regard only to recovery of Shs. 2,760,000/= until disposal of intended appeal, provided that if by 14th March 1994 applicant has not filed appeal, stay order shall lapse.
  • Applicant awarded one third of costs of the application for leave to appeal, to be taxed after disposal of intended appeal.
  • Respondent awarded three quarters of costs in respect of application for stay of execution, to be taxed after disposal of appeal.
  • Applicant must pay balance of decretal amount (less interest of Shs. 2,760,000/= and Shs. 2,000,000/= already paid) within thirty (30) days from 9th March 1994.
  • If any attachment effected by court brokers, applicant to pay taxed costs of court brokers.
  • If applicant does not appeal, he must pay the interest within 30 days.

Rules and key headnotes

Civil Procedure — Appeals — Extension of time — Proviso to S.80(1) Civil Procedure Act — Good cause
The court has discretion to extend the period within which to file appeals where good cause is shown, but the applicant must demonstrate valid reasons explaining the delay and justifying the extension.
Civil Procedure — Appeals — Leave to appeal — Appeal from registrar's order — O.46 r.8 Civil Procedure Rules
An appeal against a registrar's order does not require leave of court and is instituted by Notice of Motion under O.46 r.8 of the Civil Procedure Rules, and must be filed within seven days of the order under S.80(1)(b) of the Civil Procedure Act.
Damages & Quantum — Interest — Court rate — Specification in judgment
Where a trial judge awards interest at court rates but fails to specify the rate at which interest is to be calculated, an applicant challenging the quantum of interest on execution has a prima facie case warranting leave to appeal out of time.
Civil Procedure — Stay of execution — Procedure — O.19 r.89(1) Civil Procedure Rules
Applications for stay of execution under O.19 rules 23 and 26 of the Civil Procedure Rules must be brought by summons in chambers as prescribed by O.19 r.89(1), and an application brought by motion is procedurally improper and liable to be struck out.
Civil Procedure — Stay of execution — Inherent powers of court
Notwithstanding procedural irregularity, the court retains inherent powers to stay execution of its own orders where there is a prima facie case of likely injustice, exercisable on appropriate conditions.

Legislation cited (9)

Cases cited (5)

  • HCCS No. 34 of 1993 (Design Group Vs. Bank of Uganda)
  • Kagwa v Kagwa [1972] 1 ULR 129
  • Mugenyi & Co v National Insurance Corporation (Civil Appeal No. 13 of 1994)
  • Halform v Athaman [1962] EA 761
  • High Court Miscellaneous Application No. 38 of 89 Kanyara Vs. Ahmed

Full judgment

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Sekajja v Falidah (Miscellaneous Application 32 of 1994) [1994] UGHC 62 (9 March 1994)
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.