Won Nyaci legal battle: CoA’s stay of execution orders explained

On Wednesday, news broke that the Court of Appeal had granted LCI members a stay of execution orders, which they had requested.

Some decided to celebrate that the victory had been reclaimed. Moving forward, what does the decision mean?

On Thursday, an advocate of the High Court, Odongo Daniel, clarified as follows, unedited:

“The case ….. are talking about has never reached (been decided) by The Supreme Court of the Republic of Uganda (as being portrayed here). The Appeal was duly filed in the Court of Appeal of Uganda by the party that lost the case in the High Court of Uganda at Lira (Court of Appeal has not yet concluded that Appeal).

“To avoid imminent execution/enforcement of the orders of the High Court, the party that lost had to file an application for staying that enforcement/execution (which is normal in Legal practice), but does not yet change the Decree that was passed by the High Court at Lira.

“By and in Law, the Decree and orders of the High Court at Lira still stand, until it is overturned by the Court of Appeal otherwise. A Decree of Court stands valid and solid until it is overturned by a higher Court (in this case Court of Appeal).

“Upon final decision of the Court of Appeal, the aggrieved party still has the right to Appeal to the Supreme Court, which is the Highest Appellate Court in Uganda (when the case is going to be completed is another issue for another day).

“The ruling that was delivered yesterday (by the Court of Appeal) doesn’t conclude the case in favour of Eng. Moses Odongo Okune, neither does it allow him to be enthroned as Lango Paramount Chief (it is still a Legal process being followed).

“I still warmly appreciate the Lawyers (our own) from both sides and I urge them to help guide their clients in the right direction and with the right information regarding the stages of their case.

“For now, let’s be calm, orderly and avoid exciting our people. I still advise the parties in that case and our Lango people to get the most appropriate way to resolve that issue. This will pave way for everlasting peace, reconciliation and Unity in Lango.

“I say this without any bias and as an Advocate of the High Court of Uganda, with a professional duty to both the Court, Lango in particular and the general public in Uganda.”