The Registered Trustee of the Hindu Union v Kagoro & 2 Ors (Civil Application No. 303 of 2017)

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 applicant sought a stay of execution of the decree in H.C.C.S No. 166 of 2010 pending determination of Court of Appeal Civil Appeal No. 185 of 2018. The Court noted that the appeal and this application were heard the same day, and that judgment in the appeal had already been delivered on 26 June 2019. The application for a stay pending that appeal was therefore rendered moot, and the Court dismissed it with no order as to costs.

Outcome

Application for stay of execution dismissed as moot because the underlying appeal had already been determined

Facts

The applicant, The Registered Trustee of the Hindu Union, brought a motion under Rule 2 and Rule 6(6) of the Judicature (Court of Appeal Rules) Directions seeking a stay of execution of the decree in H.C.C.S No. 166 of 2010 pending determination of Court of Appeal Civil Appeal No. 185 of 2018. The application also sought costs. The appeal and the application were heard on the same day, with both the judgment and ruling to be delivered on notice. Judgment in Civil Appeal No. 185 of 2018 was delivered on 26 June 2019, before this ruling was delivered. As the appeal which the stay was meant to preserve had already been concluded, the application for a stay pending that appeal had no continuing purpose.

Issues

1. Whether the application for stay of execution remained competent after the related appeal had already been determined.

Orders

• Application dismissed.
• No order as to costs.

Rules and key headnotes

Legislation cited (2)

• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 2
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 6(6)

Cases citing this judgment (2)

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.

• Registered Trustees, Hindu Union v Kagoro and 2 Ors (Miscellaneous Application No. 304 of 2017)
• The Registered Trustees of the Hindu Union v Kagoro & 2 Ors (Civil Appeal No. 304 of 2017)

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