Serebe Apollo v Electoral Commission (Election Petition Appeal No. Miscellaneous Application No. 2 of 2021; Election Petition Appeal No. Miscellaneous Application No. 3 of 2021) [2021] UGCA 130 (6 September 2021)

## **THE REPUBLIC OF UGANDA**

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

### *(MADRAMA, MULYAGONJA, MUGENYI, JJA]*

# **ELECTION PETITION APPLICATIONS NO.0002 OF 2021 & 0003 OF 2021**

**SEREBE APOLLO KAGOLO.......................................... APPLICANT**

#### **VERSUS**

**THE ELECTORAL COMMISSION............................... RESPONDENT**

## **RULING OF THE COURT**

The applicant filed Election Petition Application No. 2 of 2021 for an order to stay the swearing in of Kitandwe Amir, the LC1 Elect for the Nsagu Central Cell, pending the hearing of an application to set aside the decision of this court in Election Misc. Application No 02. of 2021, arising from Election Appeal No 5. of 2020. He also filed an application for an interim order to the same effect.

When the main application came up for hearing, it was adjourned for judgment to be given on notice.

The court then called the two applications for stay of execution for hearing. Counsel for the respondent in both applications conceded that the status quo should prevail till the decision is delivered in the main application, No. <sup>1</sup> of 2021.

We agree that the status quo ought to be maintained to facilitate the hearing and final disposal of the main application. Costs shall abide the result *of the* main application.

It is so ordered.

Dated at Kampala this 2021

**Christopher Izama Madrama**

**JUSTICE OF APPEAL**

**JUSTICE OF APPEAL**

**Monica Mugenyi**

**JUSTICE OF APPEAL**