This was an application for stay of Execution, an
Injunction and or stay of proceedings arising from Ruling
of Court of Appeal at Kampala.
Court ruled that Rule 5 (2) (b) of the Rules of the Court
of Appeal stipulates that: "Where a notice of appeal has
been lodged in accordance with rule 75" The Court of
Appeal may stay execution, grant injunction or stay
proceedings.
Court held that the important point was filing of the

notice of appeal. The Court of Appeal did not consider
this aspect of rule 5 (2) (b). This was a misdirection. In
view of the fact that the claim by the applicant that
material evidence was not considered by the trial court,
court was of the view, the probability of success in the
Court of Appeal was not ruled out.
Court accordingly found that it was just for the
application to be granted since the applicant was
prepared to deposit adequate security.