By Nomad Advocates:
An out-of-time and/or incompetent notice of appeal defeats an application for stay of execution. The application was dismissed with costs
The court made the following observations while dismissing an application for stay of execution:
a. Stay of execution is an act of ceasing or arresting the judicial directions by an order of the court.
a. The requirements to be satisfied before a court can grant an order for stay of execution pending an appeal are provided for under Order 22
Rule 26 and Order 43 Rule 4 (2) of the Civil Procedure Rules SI 71-1. Order 22 rule 26 provides for when the court may stay execution in case there is a pending suit and particularly states that, Where a suit is pending in any court against the holder of a decree of the court in the name of the person against whom the decree was passed, the court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided.
b. The conditions for grant of an Application for stay of execution pending Appeal were set by the Supreme Court in the case of Theodore
Ssekikubo & others Vs. Attorney General & others (Supra), wherein it was held that, “In an application for stay of execution pending appeal, the applicant must show that he lodged a notice of appeal, the appeal may have a likelihood of success and the application has been made without unreasonable delay and if the stay were not granted, substantial loss may result to the applicant.”
c. In the case of Yoramu Kasinde & another Vs Kihonde Samuel & another CACA No. 259 of 2028, Hon. Justice Christopher Madrama Izama held that, “There is no application for extension of time in this application, secondly it is conceded that the applicant’s notice of appeal is defective having been served out of time in the main application. That means the there is no competent notice of appeal or appeal pending before the court…”
d. The court concluded that, according to the law, precedents and facts of this Application as cited above, I find the notice of appeal attached to this Application incompetent for having been filed out of the prescribed time and thus the Appeal is defective
The Application was thus dismissed with costs to the Respondents.