Tumusiime v Amutuhaire (Miscellaneous Application 263 of 2023)

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

The applicant sought stay of taxation of costs and stay of execution of a decree pending determination of his appeal to the Court of Appeal. The judgment text provided is incomplete and does not contain the court's decision or orders. The application was based on grounds including the pendency of the appeal, substantial loss if execution proceeds, and merit of the appeal.

Outcome

Ruling Incomplete

Facts

The respondent successfully appealed in Civil Appeal No. 40 of 2016, overturning a judgment in Civil Suit No. 46 of 2010 in which the applicant had been successful. The dispute concerned land at Kakondo Village, which the respondent occupied. Dissatisfied with the judgment in Civil Appeal No. 40 of 2016, the applicant filed Civil Appeal No. 253 of 2020 in the Court of Appeal, which remained pending. The respondent filed Taxation Application No. 122 of 2022 to tax his bill of costs. The applicant sought stay of both the taxation and execution of the decree pending determination of his appeal, arguing he would suffer substantial loss if execution proceeded and that his appeal had merit.

Issues

1. Whether the applicant satisfied the conditions for a stay of taxation of the respondent's bill of costs pending determination of Civil Appeal No. 253 of 2020.
2. Whether the applicant satisfied the conditions for a stay of execution of the decree pending determination of Civil Appeal No. 253 of 2020.

Legislation cited (5)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 43
• Civil Procedure Rules SI 71-1 Order 51 Rule 1
• Civil Procedure Rules SI 71-1 Order 51 Rule 3
• Civil Procedure Rules SI 71-1 Order 51 Rule 6

Cases cited (1)

• Lawrence Musiitwa Kyaze v Eunice Busingye (Supreme Court Civil Appeal No. 18 of 1990)

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