Hanifa and Another (s/a Administratrix of Estate of the Late Egesha) v Shambe
Hanifa and Another (s/a Administratrix of Estate of the Late Egesha) v Shambe (Miscellaneous Application 1123 of 2023) [2023] UGHCLD 360 (2 November 2023)
The court found that the applicant had not demonstrated any imminent or serious threat of execution, as the respondent had only extracted the decree and had not taken any further steps such as filing an application for execution or a bill of costs. The mere extraction of a decree does not constitute a threat of execution under the Civil Procedure Rules. Therefore, the application for stay of execution was speculative and premature, failing to meet the established requirements for such relief. The court resolved that there was nothing to stay and dismissed the application with costs to the res…
Source excerpt
- Stay Of Execution
- Appeal Pending
- Decree Enforcement
- Security For Due Performance