Uganda Case Law

Asobasi v Olweny

Asobasi v Olweny (Miscellaneous Application No. 625 of 2022) [2023] UGCA 41 (8 February 2023)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application No. 625 of 2022

Judge

Barishaki, JA

The application for an interim order was dismissed because the applicant failed to meet the mandatory procedural requirements for grant of a stay of execution. Specifically, the applicant did not lodge a notice of appeal in accordance with the Rules of Court, nor did he file a substantive application for stay of execution. The evidence presented did not demonstrate a serious threat of execution, and the applicant failed to provide sufficient documentation to establish undue delay or imminent harm. The court applied established Supreme Court precedents, which require strict compliance with pro…

Source excerpt

• Stay Of Execution
• Interim Orders
• Taxation Of Costs
• Notice Of Appeal Requirement

Byamugisha and Another v Chukwu Ejiofor

Byamugisha and Another v Chukwu Ejiofor (Miscellaneous Application 542 of 2022) [2022] UGCA 326 (25 August 2022)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application 542 of 2022

Judge

Gashirabake, JA

The application for interim stay of execution fails because the Applicants did not prove the existence of a Notice of Appeal or a properly registered substantive application for stay of execution, both of which are mandatory prerequisites under Rule 6(2)(b) of the Court of Appeal Rules. While the Applicants demonstrated a serious threat of execution through ongoing garnishee proceedings, the absence of the other two requirements disarms the Court of its discretionary power to grant the interim stay. The Eccmis draft number is insufficient evidence of filing, and the process is only complete u…

Source excerpt

• Stay Of Execution
• Interim Orders
• Notice Of Appeal Requirement
• Garnishee Proceedings

Michael Kibirango v Shell (U) Ltd

Michael Kibirango v Shell (U) Ltd (Civil Application No. 75 of 2001) [2001] UGCA 65 (16 November 2001)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 75 of 2001

Judge

Mukasa-Kikonyogo, DCJ, kato ,JA, Mpagi-Bahigeine, JA

The Court of Appeal dismissed an application for stay of execution because the notice of appeal related to a different High Court decision, making the application incompetent.

• Stay Of Execution
• Notice Of Appeal Requirement
• Ex Parte Judgment
• Procedural Incompetence
• Stay-of-execution
• Notice-of-appeal