Stay of Execution

Nyanzi v Nanyonga & Anor (CIVIL APPLICATION NO. 12 OF 2010) [2010] UGSC 24 (30 July 2010);


Search Summary: 

This was an application for an interim order for stay of execution of
an order pending the disposal of an application for stay of execution
filed and pending in the Supreme Court.
The Supreme court sated that to grant an interim order for stay of
execution there must be convincing evidence before the court that
there is imminent danger that the subject matter of the dispute
might suffer irreparable harm or damage in the period before the
main application for stay is heard by the full court. That the court
must be convinced that such harm or damage would render the
main application or indeed the appeal itself nugatory.

Headnote and Holding: 

However in the instant application court noted that the order of the
Court of Appeal was declaratory that the matter was res judicata as
had also been declared by the High court. That there was no decree
that was extracted for execution. No application for execution of
the order of the court had been filed in any court. Although the
applicant alleged that the respondents were surveying the land, this
was denied in the affidavit in rebuttal, and there was no affidavit in
rejoinder by the applicant.
Accordingly court dismissed the application holding that there were
no compelling reasons to grant the interim order. That the
application was based on mere speculations.


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