Court name
HC: Land Division (Uganda)
Case number
Miscellaneous Application-2016/
Judgment date
20 November 2016

Mutale v Balisigara (Miscellaneous Application-2016/) [2016] UGHCLD 5 (20 November 2016);

Cite this case
[2016] UGHCLD 5

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(LAND DIVISION)

MISC. APPLICATION NO. 1255 OF 2016

(Arising from Civil Revision No, 008/2016)

MAJ. RTD. KAKOOZA MUTALE :::::::::::::::::::::: PLAINTIFF

VERSUS

BALISIGARA STEPHEN ::::::::::::::::::::::::::: RESPONDENT

BEFORE: HON. JUSTICE 3. W. KWESIGA

RULING:

30/11/2016

Mr. Mudhola Denis for the Applicant

 The Applicant is in Court

Mr. Caleb Amanya and Stuart Ahebwa for Respondent

The Respondent is absent

Mr. Amanya; We have not been served, we have received the application in Court now. We need time to prepare a reply. I need adjournment.

Mr. Mudhola; I have no objection to adjournment.

Court; This application is adjourned to allow the Respondents to file a reply.

Court; Following examination of the pleadings that have been filed subsequent to the judgment and decree in Luwero Magistrate Court C.S. No. 138 of 2012, by consent the parties have agreed to resolve the Interim/Interlocutory application and pave way for the hearing the
substantive appeal against the lower Court's decision before the High Court. It is hereby agreed and Ordered that;-

  1. The Interim Order granted by the Registrar of this Court on 23rd November 2016 shall keep in force until the final disposal of H.C.C.Appeal No. 0054 of 2015 between the parties hereto.
  2. Misc. Application No. 0008 of 2016 is hereby withdrawn and the dispute between the parties shall be managed under C.A 0054 of 2015 and not M.A No. 008 of 2016.
  3. In view of decision in 1 above, the application for stay of execution stands disposed of.
  4. By consent of the parties' Advocates, this Appeal shall be disposed of by filing Written Submissions in the following order;-
  1. The Appellant shall file and serve the submissions on the respondent not later than 13th December 2016.
  2. The Respondents shall file and submissions not later than 22nd December 2016.
  3. The Appellants' rejoinder shall be filed not later than 5th January 2017.
  4. Given that I am proceeding on transfer, the parties shall approach the Registrar for placing this file before another Judge who will give the judgment date.

 

J.W. Kwesiga

 

Judge

20/11/2016