National Forestry Authority Vs Muhereza Basaliza & Ors (MISC. APPLICATION NO. 380 OF 2018) [2019] UGCA 5 (23 January 2019);


Search Summary: 

This was an application for orders of the stay
of execution of the decree in the high court,
order to freeze the garnished funds and the

costs for the application. The background is
that the respondents claimed successfully
against the applicant for the sum of the suit
land and successfully attached one of the bank
accounts and there was an application to attach
the account of the applicant in the Bank of
Uganda hence the application for the stay of

Headnote and Holding: 

The court held that the rules of the court give
wide discretion to the court to grant interim or
substantive orders of stay of execution for
purposes of preserving the right of appeal but
this should be where special circumstances
exist. That the court has power in its discretion
to grant stay of execution where it appears to
be equitable to do with a view of temporarily
preserving the status quo.


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