Uganda Case Law

Adumo & Another v Basiima & 2 Others

Adumo & Another v Basiima & 2 Others (Civil Application 27 of 2023) [2024] UGSC 10 (13 March 2024)

Court

Supreme Court of Uganda

Case number

Civil Application 27 of 2023

Judge

Mike Chibita, JSC

The court determined that, pursuant to Rule 50(2)(b) of the Supreme Court Rules, a single judge does not have jurisdiction to hear and determine an application for stay of execution. The application must be heard by the full bench. Additionally, the oral application for an interim stay was declined because it was not properly before the court, as Rule 42(1) and 42(2) require all applications to be by motion stating the grounds. The court found that there was a procedural oversight in scheduling the matter before a single judge and directed that the substantive application be rescheduled for h…

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• Stay Of Execution
• Jurisdiction Of Single Judge
• Procedural Requirements For Applications

Kyakabale v Attorney General

Kyakabale v Attorney General (Civil Miscellaneous Application No. 40 of 2017) [2021] UGCA 103 (5 October 2021)

Court

Court of Appeal of Uganda

Case number

Civil Miscellaneous Application No. 40 of 2017

Judge

Monica K. Mugenyi, JA

The Court held that the jurisdiction to hear applications for interim orders of stay of proceedings arising from constitutional petitions does not require the full coram of five judges as prescribed for constitutional interpretation matters under Article 137(2) of the Constitution. Instead, such applications may be heard by a single judge of the Court of Appeal under section 12 of the Judicature Act and Rule 53 of the Court of Appeal Rules, provided they do not raise questions for constitutional interpretation. The application in question was rendered moot by the High Court's prior grant of s…

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• Interim Orders
• Jurisdiction Of Single Judge
• Stay Of Proceedings
• Constitutional Interpretation
• Court Of Appeal Procedure

Mwesigwa v Petro Uganda Limited

Mwesigwa v Petro Uganda Limited (Civil Application 105 of 2019) [2019] UGCA 2102 (23 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Application 105 of 2019

Judge

Madrama, JA

The Court held that a single judge of the Court of Appeal lacks jurisdiction to grant a stay of execution pending appeal to the Supreme Court where there is no pending matter before the Court of Appeal. Section 12(1) of the Judicature Act only empowers a single judge to exercise powers in interlocutory matters pending before the Court of Appeal, not where the appeal is to the Supreme Court and no substantive matter is before the Court of Appeal. Rule 53(2)(b) of the Court of Appeal Rules also bars a single judge from hearing applications for stay of execution. The application was therefore in…

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• Stay Of Execution
• Jurisdiction Of Single Judge
• Security For Due Performance
• Appeal Procedure
• Commercial Debt Enforcement

Mwesigwa Vs Petro(Uganda) Ltd

Mwesigwa Vs Petro(Uganda) Ltd (Civil Appeal No. 0162 of 2012) [2019] UGCA 93 (23 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 0162 of 2012

Judge

Madrama, JA

The Court found that there was no pending matter before the Court of Appeal, as Civil Appeal No 97 of 2009 had been concluded and the applicant had filed a notice of appeal to the Supreme Court. Section 12 of the Judicature Act only empowers a single judge to exercise powers in interlocutory matters pending before the Court of Appeal. Rule 53 of the Judicature (Court of Appeal) Rules requires that applications for stay of execution be heard by a full bench if there is a pending matter. Since no such matter was pending, the application was incompetent and the single judge lacked jurisdiction t…

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• Stay Of Execution
• Jurisdiction Of Single Judge
• Security For Due Performance
• Appeal Process
• Interlocutory Applications

Lukwago ( Lord Mayor KCCA) Vs Attorney General & Anor

Lukwago ( Lord Mayor KCCA) Vs Attorney General & Anor [2014] UGSC 405 (21 August 2014)

Court

Supreme Court of Uganda

The Supreme Court held that it lacked jurisdiction to entertain an application for stay of execution arising from a decision of a single Justice of the Court of Appeal. The right of appeal to the Supreme Court is strictly statutory and only arises where the Court of Appeal, sitting as a properly constituted bench, confirms, varies, or reverses a High Court decision. Section 12 of the Judicature Act and Rule 53 of the Court of Appeal Rules require that applications for injunctions and stay of execution be heard by a panel of three Justices, not a single Justice. The applicant's remedy was to r…

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• Stay Of Execution
• Interim Injunctions
• Jurisdiction Of Single Judge
• Judicial Review
• Removal Of Public Officer

East African General Co. v East African General Insurance Company and others

East African General Co. v East African General Insurance Company and others (Civil Application 2 of 2002) [2002] UGSC 49 (27 March 2002)

Court

Supreme Court of Uganda

Case number

Civil Application 2 of 2002

Judge

Kanyeihamba, JSC, Karokora, JSC, Kato, JSC

The Supreme Court held that a single judge had no jurisdiction to vary a consent judgment previously approved by another single judge and dismissed the application with costs.

• Consent Judgment
• Jurisdiction Of Single Judge
• Variation Of Orders
• Reference To Panel
• Rules Of Court
• Civil-procedure

East African General Insurance Co. Ltd v East African General Insurance Co. Ltd and Ors

East African General Insurance Co. Ltd v East African General Insurance Co. Ltd and Ors (Civil Application 2 of 2002) [2002] UGSC 16 (26 March 2002)

Court

Supreme Court of Uganda

Case number

Civil Application 2 of 2002

The Supreme Court of Uganda held that a single justice lacked jurisdiction to vary a consent judgment and dismissed the application with costs.

• Consent Judgment
• Jurisdiction Of Single Judge
• Variation Of Orders
• Reference To Panel
• Procedural Compliance
• Consent-judgment