Wakilii

Serebe Apollo v Electoral Commission (Election Petition Appeal No Miscellaneous Application No 2 of 2021 Election Petition Appeal No Miscellaneous Application No 3 of 2021)

Court of Appeal · [2021] UGCA 130 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Applications for stay of execution and interim order pending hearing of a main application to set aside a Court of Appeal decision in an election matter
Decision
Status quo ordered maintained pending determination of the main application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The applicant sought a stay of the swearing in of an LC1 elect and an interim order pending the determination of a main application to set aside an earlier Court of Appeal decision. Counsel for the respondent conceded that the status quo should be preserved until the main application was decided. The Court agreed, holding that maintaining the status quo would facilitate the hearing and final disposal of the main application, and ordered that costs abide the result of that main application.

Outcome

Status quo ordered maintained pending determination of the main application

Facts

The applicant filed Election Petition Application No. 2 of 2021 seeking an order to stay the swearing in of Kitandwe Amir, the LC1 elect for the Nsagu Central Cell, pending the hearing of an application to set aside the Court's decision in Election Misc. Application No. 02 of 2021, arising from Election Appeal No. 5 of 2020. The applicant also filed an application for an interim order to the same effect. When the main application came up for hearing, it was adjourned for judgment on notice. The Court then heard the two applications for stay of execution. Counsel for the respondent in both applications conceded that the status quo should prevail until the decision in the main application, No. 1 of 2021, was delivered.

Issues

  1. Whether the status quo should be maintained pending the hearing and final disposal of the main application.

Orders

  • The status quo shall be maintained pending the hearing and final disposal of the main application No. 1 of 2021.
  • Costs shall abide the result of the main application.

Rules and key headnotes

Civil Procedure — Stay of Execution — Maintenance of Status Quo Pending Determination of Main Application
Where the parties concede and the court is satisfied that preserving the existing state of affairs will facilitate the fair hearing and final disposal of a pending main application, the court may order that the status quo be maintained pending that determination.

Full judgment

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

Serebe Apollo v Electoral Commission (Election Petition Appeal No Miscellaneous Application No 2 of 2021 Election Petition Appeal No Miscellaneous Application No 3 of 2021) 2021 UGCA 130 (6 September 2021)
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.