Ndaula Arafat and Another v Kasibante James Zawula (Miscellaneous Application No. 137 of 2025) [2025] UGHCLD 91 (19 June 2025)

Full Case Text

# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) MISCELLANEOUS APPLICATION NO. 137 OF 2025 (ARISING FROM EMA NO. 227 OF 2024) (ARISING FROM CIVIL SUIT NO. 792 OF 2019)**

#### **1. NDAULA ARAFAT**

**2. YIGA SHABAN :::::::::::::::::::::::::::::::::::::::::: APPLICANTS**

#### **VERSUS**

## **KASIBANTE JAMES ZAWULA ::::::::::::::::::::::: RESPONDENT BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU PROCEEDINGS:**

#### **Date: 16/5/2025**

Matter was scheduled for 19/5/2025. However, trial judge has another official date. It is therefore adjourned to 19/6/2025 at 10:30a.m.

## **Signed: Flavia Nassuna Matovu Judge**

#### **Date: 19/6/2025 at 10:30a.m.**

Mr. Mungi Michael and Mr. Twehereirwe Bruno from M/s Factum Associated Advocates for applicant.

Applicant: absent

Respondent: present

Ms. Nsekanaabwe Immaculate from M/s Sterlin Associated Advocates for Respondent.

### **Mr. Tuhereirwe:**

I am ready to proceed. The applicant is seeking for stay of execution because he was not served with Summons to file defence in Civil Suit No. 792 of 2019. He was only served with Notice to Show Cause why execution should not issue.

He has intentions of applying for review and setting aside of the exparte judgment.

### **Court Ruling:**

After carefully studying the pleadings in this application, I have noted as follows:-

- a) The applicant is merely seeking for an order of stay of execution without any pending matter in the court. - b) Wheras it might be true that he was not served with Summons to file defence, he has not filed any application to set aside the exparte judgment that was passed against him. - c) The court cannot stay execution in eternity. Any stay of execution should be pending disposal of some matter in court. - d) The application is therefore an abuse of court process and is accordingly hereby dismissed with costs to the Respondents.

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**Judge**

**19/6/2025**