Semanda Jimmy v Kabagambe Mathias [2023] UGHC 551

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application for stay of execution of a consent judgment dismissed as overtaken by events. The court had already delivered its ruling in the underlying review application (Miscellaneous Application No. 0632 of 2023) at the time this stay application was determined, rendering the stay application moot. No order as to costs.

Outcome

Stay application dismissed as moot; underlying review application had already been determined

Facts

The applicant was sued jointly and severally with two other parties for recovery of UGX 115,000,000 extended as friendly financial assistance. The parties entered into a consent judgment on 12 June 2019 agreeing to pay the outstanding amount plus UGX 4,000,000 costs. When payment was not made, the respondent filed for execution. The applicant filed Miscellaneous Application No. 0632 of 2023 seeking to review and set aside the consent judgment on grounds of ambiguity regarding individual liability and amounts payable by each party. Subsequently, the applicant filed this application seeking stay of execution pending the hearing of the review application.

Issues

1. Whether the application for an order for stay of execution should be granted pending the disposal of Miscellaneous Application No. 0632 of 2023

Orders

• Application dismissed as overtaken by events.
• No order as to costs.

Legislation cited (7)

• Civil Procedure Rules Order 22 rules 23
• Civil Procedure Rules Order 22 rule 26
• Civil Procedure Rules Order 22 rule 55
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Rules Order 52 rule 2
• Civil Procedure Rules Order 52 rule 3
• Civil Procedure Act s.98

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