Zubeda Mohamed & Anor v Wallia & Anor
Zubeda Mohamed & Anor v Wallia & Anor (Civil Reference 7 of 2016) [2017] UGSC 7 (14 February 2017)
The Supreme Court held that the interim order of stay of execution was granted in error because there was no substantive application for stay of execution pending before the Court, and the Notice of Appeal filed was incompetent as it sought to appeal an interlocutory order for which no right of appeal exists under Section 6(1) of the Judicature Act. The learned Justice failed to consider all three settled conditions for granting an interim order: a competent Notice of Appeal, a substantive application, and a serious threat of execution. The evidence of imminent threat was insufficient, consis…
Source excerpt
- Interim Stay Of Execution
- Notice Of Appeal Validity
- Substantive Application Requirement
- Jurisdiction Of Supreme Court
- Security For Stay
- Costs Orders