THE REPUBLIC OF UGANDA
IN THE SUPREME COURT OF UGANDA
(CORAM: TSEKOOKO, KAROKORA, MULENGA, KANYEIHAMBA AND KATUREEBE, JJ.SC.)
CIVIL APPLICATION No.2 OF 2006
IDAH ITERURA ……………………… APPLICANT
JOYCE MUGUTA …………………… RESPONDENT
(An application arising from Supreme Court Civil Appeal No.5 of 2006)
RULING OF THE COURT
This application was brought under the old Rules 5 (2) (b) and 41 (1) and (2) of the Rules of this Court. The applicant, Idah Iterura, seeks for an order of this Court to stay execution of decrees of the High Court in Mbarara circuit HCS No.33 of 1995 and in the Court of Appeal Civil Appeal No.22 of 2002 pending disposal of the appeal lodged in this Court.
The grounds in support of the application are set out in the notice of motion and the supporting affidavit of the applicant sworn on 21st July 2006. In summary the applicant seeks stay of execution because –
The respondent has threatened to sell part of the disputed land on which the applicant’s principal home is situated.
• The respondent threatens to demolish the applicant’s houses on the disputed land.
• The respondent seeks to evict applicant from the disputed land.