Uganda National Examinations Board v Mparo General Contractors Limited (Civil Application No. 31 of 2003) [2003] UGCA 41 (4 April 2003)

### THE REPUBLIC OF UGANDA

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

## CORAM: HON. LADY IUSTICE C. N. B. KITUMBA, JA

#### CIVIL APPLICATION NO. 31 OF 2OO3

# UGAN DA NATIONAT EXAMINATIONS BOARD: : : : : : : : : : : : : : : :APPLICANT VERSUS

#### MPARO GENERAL CONTRACTORS LIMITED: : : : : ; : : : : : : : : : :RESPONDENT

#### RULTNG OF C. N. B. KITUMBA, ]A

This is an application brought by notice of motion Rules 1 (3) a2 (1) (2) of the Rules of this court. It seeks for an interim order of stay of execution in Arbitration Cause No. 3 of 2000, pending the hearing of the substantive application that is Civil Application No. 23 of 2003 of this court.

I have read the Notice of Motion and the supporting affidavits and heard the submissions by Mr. Ssekatawa counsel for the applicant.

Okumu-Wengi l. heard Miscellaneous Application No. 614 of 2002 and on 28th November granted stay of execution. The applicant had to deposit the cheque in court within 21 days. The amount was 160,085,370/=. The cheque was deposited in court one day late and was refused by the Registrar.

Application No.84712002, which was filed by the applicant seeking for extension of time was also dismissed on 201312003. Hence this application for stay in this court which is now seeking for an interim order of stay pending he hearing of the substantive application.

I appreciate that the applicant is a statutory body and the time taken to sign a cheque of 160,085,370/= might have been long. The applicant has come to court without delay. I do not think that the respondent will suffer any injustices if an interim order of stay is granted.

I find the application has merit. The interim order of stay of execution in Arbitration Cause No. 3 of 2000 is granted up to 15th May 2003.

Dated at Kampala this dl day of .... PQs.l 2003.

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C. N. B. KTTUMBA JUSTICE OF APPEAL

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