Somali Democratic Republic v Anoop Sunderlal Treon (Civil Application 11 of 1988)

Observed later treatment

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

The court dismissed the preliminary objection that the decree had not been extracted and annexed, holding that rule 5 imposes no such requirement and that the annexed copy of the judgment sufficiently informed the court of the decree. On the merits, applying the good-cause-and-special-circumstances test from Kampala City Council v Pharmacy Ltd and the principle in Wilson v Church, it found special circumstances — the applicant's 13 years' occupation of the house and the respondent's alternative residence in London — and held that refusing a stay would render a bona fide successful appeal nugatory. The stay was granted and the prayer for security for costs declined.

Outcome

Stay of execution of the decree in High Court Civil Suit No. 976 of 1987 granted pending the intended appeal.

Facts

The respondent had succeeded as plaintiff against the applicant before Kityo J. in High Court Civil Suit No. 976 of 1987, obtaining a decree under which the applicant, the unsuccessful defendant, was ordered to vacate the suit premises ("the house") by 20 January 1989. The applicant filed a notice of appeal dated 31 October 1988 and applied for a stay of execution pending that appeal. The applicant had occupied the house for about 13 years and contended it was its only residence in Kampala, while the respondent normally resided in London. The intended appeal challenged the trial judge's finding that the applicant had not registered the transfer of the house, rendering the sale transaction voidable, and his alleged failure to consider the whole of the applicant's evidence.

Issues

1. Whether the application for a stay of execution should be dismissed because the decree sought to be stayed had not been extracted and annexed to the notice of motion.
2. Whether the applicant had shown good cause and special circumstances justifying a stay of execution pending appeal under rule 5(2)(b).
3. Whether the applicant should be ordered to deposit security for the costs of the intended appeal.

Orders

• Preliminary objection on non-extraction of the decree dismissed.
• Application for a stay of execution pending appeal granted (granted on 4 November 1988, with reasons reserved).
• Prayer for an order for security for costs declined.

Rules and key headnotes

Legislation cited (4)

• Rules of the Supreme Court rule 5
• Rules of the Supreme Court rule 5(2)(b)
• Rules of the Supreme Court rule 74
• Rules of the Supreme Court rule 85(1)(h)

Cases cited (2)

• Wilson v Church (1879) 12 Ch D 454
• Kampala City Council vs. Pharmacy Ltd. (supra)

Cases citing this judgment (14)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Dr. Sadat Ssemakula Mutyaba Mohmeded v Gulu University (Miscellaneous Application 50 of 2024)
• Ssimbwa and Another v Kataabu and 3 Others (Miscellaneous Application No. 53 of 2021) followed
• Parliamentary Commission v Byamugisha & Anor (Miscellaneous Application No. 219 of 2016) followed
• The Uganda Super League Ltd v Federation of Uganda Football Associations (FUFA) Ltd (Civil Applic. No 67 of 2015)
• Gaaga Enterprises Ltd & Anor v Mpindi (Misc.Application No. 02 of 2014)
• Akankwasa Damian v Uganda [2012] UGSC 7
• Ashimwe and Others v Dr. Aggrey Kiyingi (Civil Application No. 191 of 2011)
• Akankwasa Damian v Uganda [2012] UGSC 4
• National Housing & Construction Corporation v Kampala District Land Board and Anor (Civil Application 6 of 2002)
• DFCU Bank Limited v Ann Persis Nakate Lussejjere (Misc.App.No.78 Of 2003) (Misc.App.No.78 of 2003)
• The Co-operative Bank Ltd v Kabaco(u) Ltd (Misc.App.No.73 OF 2003 ) (Misc.App.No. 73 of 2003)
• Alcon International ltd v Kasirye, Byaruhanga,& Co Advocates (Misc. Application .No. 438 OF 1995)
• Nangunga Livestock Co-operative Society Ltd v M/s Energo Project Corporation (H.C.C.S No.207 of 1993)
• Amina Rose Nakaye v Hajji Juma Achikule (Civil Suit No. 29 of 1993)

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