Court name
Supreme Court of Uganda
Judgment date
27 September 2013

Senkungu v Mukasa (Miscellaneous Application-2013/5) [2013] UGSC 9 (27 September 2013);

Cite this case
[2013] UGSC 9
Short summary:

Civil Remedies, Stay of Execution

THE REPUBLICOF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA MISCELLANEOUS APPLICATION NO. 5 OF 2013 {Arising from Miscellaneous Application No. 4 of 2013, arising from Court of Appeal Civil Appeal No. 36 of 2010: Crescensio Mukasa v John Rwakamuranga & Ors.) YAKOBO M.N. SENKUNGU JAMES KENTURA JOHN RWAKAMURANGA MISAKI RWAMPIGANE GIRADESI KATONYA YOHANA RWAKAARO APPLICANTS Versus CRESCENSIO MUKASA RESPONDENT RULING OF DR. KISAAKYE. JSC. The applicants brought this application seeking for an interim order from the court to stay execution of the Decree issued in Court of Appeal Civil Appeal No. 35 of 2006, pending the determination of Misc. Application No. 4 of 2013. The l contended that his client had received information that the respondent was planning to execute the Decree, but they did not have any documentary evidence to back up this information. Relying on the ruling in Margaret Kuto & Another v Nulu Nalwoga, Supreme Court Misc. App. No. II of 2011, where this court stated that it is in the interest of justice to allow stay of execution pending the disposal of the appeal, counsel for the applicants prayed that the application be allowed. Counsel for the respondent opposed the application and drew the court