Hussien v Hussien (Civil Application 17 of 2003) [2003] UGSC 46 (25 September 2003) | Stay Of Execution | Esheria

Hussien v Hussien (Civil Application 17 of 2003) [2003] UGSC 46 (25 September 2003)

Full Case Text

## THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA **CIVIL APPLICATION NO. 17 OF 2003 BETWEEN**

HUSSIEN TAHERALI AMJI MALKAN:::::::::::::::::::::::::::::::::::

## $AND$

**HUSSIEN ABDULLA** HAMDAN:::::::::::::::::::::::::::::::::::

HON. JUSTICE ODER. ISC, **BEFORE:**

## ORDER OF THE COURT

The applicant Hussien Taherali Amiji Malkan, brought this application under rule $1(3)$ ,

5. 2, 41 (1), (2), (3) (a) and (b). 46 (2) of the rules of this court.

The application is brought ex parts under rule $46(2)$ of rules of this court. The appellant's counsel, Mr. Apollo. N. Makubuya filed a certificate of urgency for that purpose on 10<sup>th</sup>-September-2003.

The application seeks an interim order staying execution of the consent order dated 7<sup>th</sup>-October-2002 arising from a settlement cum compromise agreement dated 2<sup>nd</sup>-October-2002 in Civil Appeal No. 9/2000 of this court

I have read the affidavit of Hussein T Amji Malkan the applicant, filed in support of the application. I have also heard the arguments of Mr. Apollo. N. Makubuya, the applicant's learned counsel in this application.

I am convinced that there is merit in this application and that it should be granted. Accordingly the appllication is hereby granted with the following orders:

- (a) That respondent Hussein Abdulla Hamdani be and is hereby restrained from execution of the consent order dated 7<sup>th</sup> 10 2002 arising from a settlement cum comprise agreement dated 2<sup>nd</sup> 10 2002 in Supreme Court Civil Appeal No. 9 of 2002 until the said settlement cum compromise agreement is set aside or until further order of the court. - (b) That the respondent Hussein Abdalla Hamdani is restrained from disposing of or damaging properties on plots Nos. 30, 32 and 102/104, William street Kampala or to evict the tenants there from until the occurrence of the events in (b) above.

(c) That the costs of this application shall be costs in the cause.

The reasons for this order shall be given on notice to the parties.

Dated at Mengo this 25<sup>th</sup> day of September ,2003.

HON. JUSTICE . A. H. O. ODER. JUSTICE OF THE SUPREME COURT.