“I so order”: Justice Odoki Philip dismisses Eng Odongo Okune’s application for stay of execution of orders.
Key highlights:
- Court documents show how the applicants’ legal team wanted the Court to grant stay of execution of judgment and orders of the October 31 ruling.
- Eng. Odongo Okune remains concerned of missing the benefits given by the government if he is de gazetted as directed by the Court.
In yet another historic decision, Justice Philip Odoki denied an application filed by Eng. Odongo Okune, Ojwang Opota, Willie Omodo Omodo, Otim Tom, Okello Hamza, and Vincent I. Oling of Lango Cultural Institution, which sought a stay of the execution of judgment and orders in the High Court Civil Suit No. 10 of 2024.
The applicants sought permission pending the hearing and final determination of Civil Appeal No. 922 of 2024 before the Court of Appeal.
A landmark ruling was issued on October 31, 2024, by the High Court in Lira, presided over by Justice Odoki. In his ruling, the learned Judge, among other things, declared the elections of Eng. Odongo Okune and Ogwang Okul as Won Nyaci of Lango “null and void.”
The Court also issued a permanent injunction prohibiting the defendants (of Lango Cultural Institution) and their agents from performing any rituals to install Eng. Odongo Okune as the duly elected Paramount Chief of Lango.
It is worth noting that if the Court had given Eng. Odongo the legal nod, he would have been installed on November 2.
Another order forbade him from performing the duties of Lango’s Paramount Chief.
Additionally, the Minister of Gender, Labour, and Social Development was directed to re-gazette His Highness Yosam Odur Ebii as the Paramount Chief of Lango in accordance with the Lango Cultural Foundation constitution of 2017.
Following the aforementioned orders, Eng. Odongo and his allies rushed to the same court, seeking a stay of execution of the judgment and orders.
In their application, which was supported by Willie Omodo Omodo’s affidavits, the applicants stated their grievances regarding the October 31 judgment.
“On the 1st November 2024, they filed a notice of Appeal at the High Court in Lira, against the whole decision and orders resulting therefrom wrote a letter to this Court requesting for the record of proceedings in High Court Civil Suit No. 10 of 2024; and filed Civil Appeal No. 922 of 2024 before the Court of Appeal,” part of Justice Odoki’s November 29 judgement, reads.
According to the respondents in this case: Obia Denis Acila and Okii Benjamin, the latter swore an affidavit averring that the applicants failed to meet the mandatory requirements for the grant of a stay of execution, which is, according to the Court document, depositing security for due performance.
The respondents contended that the Court’s orders are self-executing, take effect immediately upon service, and are not subject to any conventional form of enforcement by execution.
While the Judge made several references to past Court rulings, including those passed by the Court of Appeal, for example, Uganda Revenue Authority versus East African Property Holdings Ltd in the Court of Appeal Civil Application No. 22 of 2019, the respondent had written two letters of demand of the decretal sum.
Based on the two letters, the applicant argued that there was a threat of execution. “Butera J.A., held that the two letters are not all a threat of execution of a Court Order.”
What the applicants (Eng. Odongo and co.,) prayed for: 
Objection
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