THE REPUBLIC OF UGANDA
IN THE SUPEME COURT OF UGANDA
CIVIL APPLICATION NO.11/2009
DFCU LEASING CO. LTD.::::::::::::::::::::::::::::: RESPONDENT
(An application arising from a judgment of the Court of Appeal at Kampala in Civil Appeal No. 60 of 2007 and an undated Ruling of Ruhinda Ntengye, Esq., Registrar, Court of Appeal, in Civil Application No. 20 of 2009).
RULING OF TSEKOOKO, JSC.
This application has been brought by Florah Rwamarungu, the applicant, through the firm of Kakuru & Co. Advocates, by a Notice of Motion under Rules 2(2), 6(2) and 42 of the Rules of this court seeking for an order of stay. According to the notice of motion, the applicant wants:-
“An Interim Order doth issue staying the order of the Court of Appeal in dismissing Civil Appeal No.6o of 2007 and staying the ruling in the High Court Misc. Appln. No. 115 of 2007 arising out of Civil suit No.753 of 2006 until the hearing and determination of the substantive application of stay of execution pending appeal herein.”
With respect I think that this type of pleading is bad. It was during the hearing and through my probing of applicant’s counsel when I was informed by counsel that the order sought is a “stay of execution which has an injunctive affect”.
Be that as it may, the applicant sets out five grounds in the notice of motion to support it along with affidavit sworn by her. In summary she wants a stay because: