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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)
- Citation
- [2021] UGCA 130
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Case number
- Election Petition Appeal No. Miscellaneous Application No. 2 of 2021 ; Election Petition Appeal No. Miscellaneous Application No. 3 of 2021
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Case number
- Election Petition Appeal No. Miscellaneous Application No. 2 of 2021 ; Election Petition Appeal No. Miscellaneous Application No. 3 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that maintaining the status quo is necessary to facilitate the hearing and final disposal of the main application. Since the respondent conceded to the stay, the court ordered that the swearing in of Kitandwe Amir be stayed until the main application is decided. Costs will abide the result of the main application.
Court disposition
Stay of execution granted; status quo to be maintained pending determination of the main application.
Orders
- The swearing in of Kitandwe Amir as LC1 Elect for Nsagu Central Cell is stayed until the main application is determined.
- Costs shall abide the result of the main application.
02
Material facts
Parties
Serebe Apollo Kagolo
ApplicantThe Electoral Commission
Respondent03
Procedural history
Posture
Election Petitions / Ruling on Stay Application
04
Questions and positions
Legal issues
- 01
Whether the swearing in of Kitandwe Amir as LC1 Elect for Nsagu Central Cell should be stayed pending determination of the main application.
- 02
Whether the status quo should be maintained until the main application is disposed of.
Party arguments
- Applicant
- The applicant sought an order to stay the swearing in of Kitandwe Amir, LC1 Elect for Nsagu Central Cell, pending the hearing and determination of the main application to set aside the previous decision of the court. The applicant also requested an interim order to the same effect.
- Respondent
- Counsel for the respondent conceded that the status quo should be maintained until the decision in the main application is delivered.
05
Court’s reasoning
Legal principles
- 01
Election Petition Rules and general principles of civil procedure.
The court may grant a stay of execution to preserve the status quo pending determination of the main application.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that maintaining the status quo is necessary to facilitate the hearing and final disposal of the main application. Since the respondent conceded to the stay, the court ordered that the swearing in of Kitandwe Amir be stayed until the main application is decided. Costs will abide the result of the main application.
Court disposition
Stay of execution granted; status quo to be maintained pending determination of the main application.
- The swearing in of Kitandwe Amir as LC1 Elect for Nsagu Central Cell is stayed until the main application is determined.
- Costs shall abide the result of the main application.
Source and reliance status
Court of Appeal of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
*(MADRAMA, MULYAGONJA, MUGENYI, JJA]*
ELECTION PETITION APPLICATIONS NO.0002 OF 2021 & 0003 OF 2021
SEREBE APOLLO KAGOLO.......................................... APPLICANT
VERSUS
THE ELECTORAL COMMISSION............................... RESPONDENT
RULING OF THE COURT
The applicant filed Election Petition Application No. 2 of 2021 for 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 decision of this court in Election Misc. Application No 02. of 2021, arising from Election Appeal No 5. of 2020. He 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 to be given on notice.
The court then called the two applications for stay of execution for hearing. Counsel for the respondent in both applications conceded that the status quo should prevail till the decision is delivered in the main application, No. <sup>1</sup> of 2021.
We agree that the status quo ought to be maintained to facilitate the hearing and final disposal of the main application. Costs shall abide the result *of the* main application.
It is so ordered.
Dated at Kampala this 2021
Christopher Izama Madrama
JUSTICE OF APPEAL
JUSTICE OF APPEAL
Monica Mugenyi
JUSTICE OF APPEAL
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