Stay of Execution

Watulatsu Samuel & 2 Ors Vs. Zirimu Haruna (HCT-04-CV-MA-0050-2010) [2010] UGHC 168 (13 July 2010);

Flynote: 

Search Summary: 

In this case the applicants sought court for orders of stay of execution of a decree. This
was on grounds that an appeal had been made to the court of appeal against the former
civil suit in which the decree had been passed so it would be better for execution to
wait till the appeal is disposed of.

Headnote and Holding: 

Court considered whether it should grant the applicants’ application for stay of
execution of a decree as prayed for by the applicant. Court held that it would grant the
order for stay of execution. Court was satisfied that the applicants had been able to
show that in the event payments are made to the satisfaction of the decree to the
respondent, it may be hard to recover the amount in case the appeal is successful since
there was no known source of income for the respondent. Court found that to be
sufficient cause hence granting the application. However the other two of the three
applicants were to furnish security of Ugandan shillings five million respectively not
cash for due performance of the decree on top of the vehicle they were willing to

furnish as security since it alone was found not to be enough given the sum of the
decree.
Accordingly court granted the applicants’ application for stay of execution of a decree.

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