Namuli v Tibahwerwayo (Civil Appeal No. 76 of 2022) [2022] UGCA 146 (12 April 2022)

Ulii

Automated Summary

Key Facts

The applicant, Namuli Daisy, sought an interim stay of execution for a 2019 High Court ruling in Civil Appeal No. 33 of 2016 and Nakawa Divorce Cause No. 11 of 2016. Justice Kakuru granted the stay until 12 June 2022, allowing the application with a warning after both parties submitted written arguments late (applicant on 11 April 2022, respondent on 12 April 2022). The court directed the main application to be heard before the stay lapses and ordered costs to abide the main application's outcome.

Issues

The main issue addressed was the applicant's request for an interim stay of execution of a prior ruling. The court granted the stay under Rule 2(2) of its Rules, noting both parties had filed written submissions out of time, and emphasized strict compliance with court directives in future proceedings.

Holdings

  • An interim stay of execution is hereby granted in the terms set out in the Notice of Motion.
  • The order shall lapse on 12th June, 2022.
  • The Registrar of this Court is hereby directed to fix the main application for hearing before 12th June, 2022.
  • Costs shall abide the result of the main application.

Remedies

  • The Registrar of this Court is hereby directed to fix the main application for hearing before 12th June, 2022.
  • The order shall lapse on 12th June, 2022.
  • An interim stay of execution is hereby granted in the terms set out in the Notice of Motion.
  • Costs shall abide the result of the main application.

Legal Principles

The court applied Rule 2(2) of the Rules of this Court, allowing the application for an interim stay despite late submissions by the parties in the interest of justice.

Precedent Name

NAMULI DAISY versus EDWARD TIBAHWERWAYO

Cited Statute

Rules of this Court

Judge Name

  • Ketrah Katunguka
  • Kenneth Kakuru

Passage Text

  • The order shall lapse on 12th June, 2022.
  • An interim stay of execution is hereby granted in the terms set out in the Notice of Motion.
  • The Registrar of this Court is hereby directed to fix the main application for hearing before 12th June, 2022.