Namuli v Tibahwerwayo (Civil Application No. 76 of 2022) [2022] UGCA 121 (12 April 2022)

## THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

## CIVIL APPLICATION NO. 76 OF 2022

(Arising out of Family Division civit Appeal No. 33 of 2016 and Nakawa Divorce Cause No. 11ot2016)

NAMULI DAISY ..,..,.,,... ... APPTICANT

VERSUS

EDWARD TIBAHWERWAYO,,,...."'"".' RESPONDENT

CORAM: Hon. Mr' f ustice Kenneth Kakuru, fA

## RULING OF JUSTICE KENNETH KAKURU. IA (Single iustice)

This is an application for an interim stay of execution of the ruling and orders of Her Lordship Justice Ketrah Katunguka, J dated 12,t september, 2019 in High court civil Appeal No. 33 of2016 and Nakawa Divorce cause No. ll of 2016 until the hearing of the main application pending at this Court.

The grounds of this application are contained in the Notice of Motion and the application is supported by an affidavit deponed to by the applicant expounding on the grounds set out in the motion. I have found no reason to reproduce it here.

The respondent filed an affidavit in reply deponed to by the respondent. I also have found no reason to reproduce it here.

court directed the parties to this application to file written submissions. The applicant was directed to file written submissions by 4th April' 2022 and the respondent was directed to file written submissions by l1ru April,2022'

PaBe l1

The applicant filed the written submissions which are on Court record on 11th April, 2022 which is out of time. The respondent also failed to comply with the said directions as he filed his submissions on 12th April'2022.

<sup>I</sup>would have dismissed this application straight away. But in the interest of justice and pursuant to Rule 2(2) of the Rules of this Court, I will allow it with a warning to parties to strictly comply with directives of this Court

I hereby make the following orders;-

- 1. An interim stay of execution is hereby granted in the terms set out in the Notice of Motion. - 2. The order shall lapse on 12th June,2022. - 3. The Registrar of this court is hereby directed to fix the main application for hearing before 12th June,2022. - 4. Costs shall abide the result ofthe main application'

Dated at KamPala this I ),, day of ......./1"-.........2022.

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Kenneth Kakuru JUSTICE OF APPEAL