Wakilii

Time Trader Transporters v Public Procurement & Disposal of Public Assets Authority Anor (MISC. APPLICATION NO. 02 2016)

High Court · [2016] UGHCCD 95 · 2016 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of High Court orders pending appeal
Decision
Application for stay of execution dismissed; no stay granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an affidavit which fails to disclose the Commissioner who administered the oath, the place of administration, and the Commissioner's designation, and which bears no seal, is incurably defective as it goes to the root of the matter and not merely a procedural irregularity. The court found that the applicant's bid had expired and the status quo had changed, rendering the application nugatory. The application for stay of execution was dismissed.

Outcome

Application for stay of execution dismissed; no stay granted

Facts

The applicant brought an application under Section 98 of the Civil Procedure Act and O.43 r.4 of the Civil Procedure Rules seeking a stay of execution of High Court orders dated 1st March 2016 in Misc. Cause No. 08/2015, pending appeal. The applicant supported the application with an affidavit by Odeke Ismail stating that a notice of appeal had been filed and that the appeal had a likelihood of success. The respondents opposed, filing affidavits in reply. They argued that the applicant's affidavit was incurably defective, lacking proper jurat, seal, and identification of the Commissioner for Oaths. The respondents further argued that the applicant's bid had expired in July 2015, rendering the application overtaken by events.

Issues

  1. Whether the affidavit in support of the application was incurably defective due to defects in the jurat.
  2. Whether the applicant satisfied the conditions for grant of a stay of execution pending appeal.
  3. Whether the application had been overtaken by events due to expiry of the bid.

Orders

  • Application dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Evidence — Affidavits — Jurat Requirements — Incurable Defects
An affidavit which does not disclose the Commissioner who administered the oath, the place where it was administered, the designation of the Commissioner, and which bears no seal or identification, does not satisfy the conditions for taking oath under section 5 of the Commissioner for Oaths Act and is incurably defective, going to the root of the matter rather than being a mere procedural irregularity curable under Article 126(2)(e) of the Constitution.
Civil Procedure — Stay of Execution — Requirements — Preserving Status Quo
The grant of a stay of execution pending appeal is in the discretion of the court, guided by the equitable desire to preserve the status quo. Where the subject matter of the dispute is time-bound and has expired by passage of time, there is no status quo to protect and the application for stay becomes nugatory.
Civil Procedure — Stay of Execution — Balance of Convenience — Public Procurement
In determining whether to grant a stay of execution, the court must weigh the balance of convenience and consider whether the stay would lead to substantial loss. Where the subject matter is a government procurement bid governed by financial regulations and time frames, a stay that would inflict greater financial and economic consequences on the public authority than on the applicant should not be granted.

Legislation cited (10)

Cases cited (15)

  • Theodore Sekikubo and Others v Attorney General and Others (Supreme Court Miscellaneous Application No. 03 of 2014)
  • Kyambogo University v Prof. Isaiah Omolo Ndiege (Civil Appeal No. 34 of 2013)
  • Hwang Sung Industries Ltd v Tajdin Hussein and Others (Supreme Court Civil Appeal No. 19 of 2008)
  • Saggu v Road Master Cycles (U) Ltd (2002) 1 EA 258
  • State Concrete Ltd v Jubilee Insurance Co Ltd (Miscellaneous Application No. 117 of 2010)
  • Saggu v Road Master Cycles (U) Ltd (2002) 1 EA 258
  • Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 08 of 1998)
  • Simon Tendo Kabenge Advocates v M/s Mineral Access Systems (U) Ltd (High Court Miscellaneous Application No. 565 of 2011)
  • Mugoya Construction v Central Electricals International Ltd (Miscellaneous Application No. 699 of 2011)
  • Allen Isingoma v Alex Muhairwe and 2 Others (Civil Case No. 39 of 1992)
  • Re Christine Namatovu Tebajjukira (1992-93) HCB 85
  • Commissioner Customs Uganda Revenue Authority v Kayimba (Court of Appeal Civil Application No. 62 of 2014)
  • Teddy Sseezi Cheeye and Another v Enos Tumusiime (Court of Appeal No. 21 of 1996)
  • National Enterprise Corp v Mukisa Foods (Court of Appeal Miscellaneous Application No. 7 of 1998)
  • Akright Project v Executive Property Holding and 12 Others (Supreme Court Civil Appeal No. 3 of 2011)

Full judgment

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

Time Trader Transporters v Public Procurement & Disposal of Public Assets Authority Anor (MISC. APPLICATION NO. 02_2016) [2016] UGHCCD 95 (8 November 2016)
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.