Mulembe v Korutaro & 6 Ors (HCT – 01 – LD – MA – 0019 OF 2016-11-08) [2016] UGHCLD 29 (14 November 2016);


Search Summary: 

This is an application for stay of execution pending appeal and costs. The appeal is against the whole judgment and decision of the learned trial Magistrate. That the applicant being dissatisfied with this decision lodged an appeal however, the respondents have apportioned themselves interest in the suit land which renders the whole appeal nugatory.

Headnote and Holding: 

The Court held that the affidavit was incurably defective and counsel did indeed proceed under the wrong provision of the law but the form of the application is correct and thus in the interest of justice, the execution was stayed pending the appeal. 


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