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Katalihwa Ruhunga v Alice Kisoke and Another (Civil Application No. 499 of 2025)

Court of Appeal · [2026] UGCA 176 · 2026 Application Partly Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal, heard by a single Justice of the Court of Appeal.
Decision
Stay of execution of the High Court Civil Appeal No. 20 of 2021 decree granted, conditional on depositing 40% of the taxed costs within 45 days; stay refused in respect of Miscellaneous Application No. 45 of 2024.

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Holding

Sitting as a single Justice, the Court refused a stay in respect of Miscellaneous Application No. 45 of 2024 because the applicant had already paid the taxed costs under a consent agreement, so a stay would be in futility. Applying the principles restated in Ssekikubo v Attorney General, it granted a stay of execution of the decree in High Court Civil Appeal No. 20 of 2021: the applicant showed a prima facie arguable appeal, irreparable damage through the threatened loss of his family residence and livelihood, balance of convenience in his favour, no undue delay, and an imminent threat of execution. The stay was made conditional on depositing 40% of the taxed costs within 45 days.

Facts

The applicant was the unsuccessful party in High Court Civil Appeal No. 20 of 2021 and filed Civil Appeal No. 1072 of 2024 in the Court of Appeal to challenge that judgment. He made several unsuccessful applications for stay of execution in the High Court. To resolve execution applications for taxed costs, he entered two consent agreements with the respondents on 19 March 2025: one for UGX 7,659,800 (costs from Miscellaneous Application No. 45 of 2024), fully paid on 26 April 2025, and one for UGX 15,942,500 (costs from High Court Civil Appeal No. 20 of 2021), later set aside by Wagona J on 10 October 2025. The respondents served the applicant with a notice of eviction on 27 August 2025 and a notice to show cause why execution should not issue on 14 October 2025. The applicant resides on the suit land with his family and derives his livelihood from it. He brought this application for a stay of execution pending determination of his appeal.

Issues

  1. Whether a stay of execution should issue in respect of Miscellaneous Application No. 45 of 2024 where the underlying taxed costs had already been paid under a consent agreement.
  2. Whether the applicant satisfied the conditions for a stay of execution of the decree in High Court Civil Appeal No. 20 of 2021 pending the determination of his appeal.
  3. Whether the applicant should be required to deposit security for the due performance of the decree.

Orders

  • The application for stay of execution in Miscellaneous Application No. 45 of 2024 is dismissed.
  • A stay of execution of the decree in High Court Civil Appeal No. 20 of 2021 is granted pending the determination of Court of Appeal Civil Appeal No. 1072 of 2024.
  • The grant of stay of execution under Order 2 is conditional upon the Applicant depositing forty percent (40%) of the taxed costs in court within forty-five (45) days from the date of this ruling.
  • In default of compliance with Order 3, the stay of execution shall automatically lapse.
  • The costs of this application shall abide the outcome of the appeal.

Key headnotes

Civil Procedure — Stay of Execution — Futility of Staying a Satisfied Order
A court will not grant a stay of execution of an order that has already been satisfied, because it cannot make an order in futility.
Civil Procedure — Stay of Execution — Prima Facie Case / Likelihood of Success
To obtain a stay of execution pending appeal the applicant must establish a likelihood of success or a prima facie case of his right to appeal; the court does not determine the merits of the intended appeal but only whether it raises arguable points of law.
Civil Procedure — Stay of Execution — Irreparable Damage
Irreparable damage means damage that cannot be undone or adequately compensated in damages; the threatened loss of a family residence and source of livelihood through eviction constitutes such substantial loss.
Civil Procedure — Stay of Execution — Imminent Threat of Execution
A notice of eviction together with a notice to show cause why execution should not issue constitutes sufficient evidence of an imminent threat of execution.
Civil Procedure — Stay of Execution — Security for Due Performance
An order for security for the due performance of a decree is at the discretion of the court and is not a condition precedent to the grant of a stay of execution.

Legislation cited (5)

  • Judicature (Court of Appeal) Rules r.6(2)(b)
  • Judicature (Court of Appeal) Rules r.42(2)
  • Judicature (Court of Appeal) Rules r.43(1)
  • Judicature (Court of Appeal) Rules r.44(1)
  • Judicature (Court of Appeal) Rules r.76

Cases cited (13)

  • Lawrence Musitwa Kyazze v Eunice Businge (Supreme Court Civil Application No. 18 of 1990)
  • Kyambogo University v Prof. Isaiah Omolo Ndiege (Civil Application No. 341 of 2013)
  • Hon. Theodore Ssekikubo & Others v Attorney General & Others (Constitutional Application No. 6 of 2013)
  • Freeman v Cooke [1848] 2 Ex 654
  • Moorgate Mercantile Co. Ltd v Twitchings [1977] AC 890
  • Makula International Ltd v His Eminence Emmanuel Cardinal Nsubuga & Anor (Civil Appeal No. 4 of 1981)
  • MP Electronics Limited & Anor v Kamani & 2 Ors (Civil Application No. 0614 of 2024)
  • Odok W'Oceng v Okidi and Others (Election Petition Application No. 29 of 2011)
  • China Henan International Cooperation Co Ltd v Kyabahwa (Civil Application No. 100 of 2021)
  • Edirisa Muyingo v Ismael Ssempija & Anor (Civil Application No. 291 of 2023)
  • Tekereza & 2 Others v Kyaligonza & 2 Others (Civil Application No. 1114 of 2023)
  • Beeline Travel Care (U) Limited & Another v Finance Trust Bank Limited (Civil Application No. 67 of 2023)
  • Baguma Patrick v Sanyu Phiona (Civil Application No. 452 of 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.