Wakilii

Aguti v Rutungu Properties Limited & Another (Miscellaneous Cause 521 of 2024)

High Court · [2024] UGHCLD 121 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of decree pending appeal to Court of Appeal
Decision
Stay of execution granted pending determination of Civil Appeal No. 144 of 2024

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a stay of execution of a decree pending appeal, holding that the applicant satisfied all five conditions for stay under Kyazze v Busingye: notice of appeal was lodged, there was imminent threat of execution, substantial loss would result from eviction, the application was made without unreasonable delay, and security was not necessary given the likelihood of success on appeal. The preliminary objection that the application sought to stay a negative order was overruled because the underlying decree from Civil Suit No. 14 of 2013 contained an eviction order capable of execution.

Outcome

Stay of execution granted pending determination of Civil Appeal No. 144 of 2024

Facts

The applicant was subject to an exparte judgment and decree in Civil Suit No. 14 of 2013 which ordered her eviction from land comprised in Kyadondo Block 299 Plot 1253. She applied to set aside the exparte judgment via Miscellaneous Application No. 2570 of 2023, but that application was dismissed on 12 February 2024. The applicant appealed the dismissal to the Court of Appeal via Civil Appeal No. 144 of 2024 filed on 15 February 2024. Meanwhile, the respondents commenced execution proceedings via Execution Miscellaneous Application No. 241 of 2023, issuing a warrant of arrest and notice to show cause. The applicant then filed this application on 5 March 2024 seeking to stay execution of the original decree pending determination of her appeal.

Issues

  1. Whether the application merits the grant of an order for stay of execution pending the determination of the appeal.
  2. Whether the instant application is premised on a negative order incapable of being executed.
  3. What remedies are available to the parties.

Orders

  • The execution of the decree from Civil Suit No. 14 of 2013 against the applicant be stayed pending the determination of the applicant's appeal Civil Appeal No. 144 of 2024.
  • The costs of the application will abide the outcome of the appeal in the Court of Appeal.

Rules and key headnotes

Stay of Execution — Negative Orders — Orders Capable of Execution
A decree containing an eviction order against a party in possession of land is capable of execution and is not a negative order, notwithstanding that the decree arose from dismissal of the applicant's application to set aside the original exparte judgment.
Stay of Execution — Five Conditions Under Kyazze v Busingye
An applicant seeking stay of execution pending appeal to the Court of Appeal must satisfy five conditions: (i) notice of appeal lodged; (ii) serious and imminent threat of execution that will render the appeal nugatory; (iii) substantial loss will result unless stay is granted; (iv) application made without unreasonable delay; and (v) security given for due performance of the decree, though this last condition depends on the circumstances of each case including likelihood of success.
Stay of Execution — Security for Due Performance of Decree
The requirement for security for due performance of a decree is not mandatory and depends on the circumstances of each case, including the probability of success on appeal; where an appeal raises serious questions of law and fact and has a high likelihood of success, security may not be necessary.
Stay of Execution — Substantial Loss
Substantial loss refers to any loss, great or small, of real worth or value as distinguished from loss that is merely nominal; eviction from land in possession constitutes substantial loss sufficient to warrant a stay of execution.

Legislation cited (6)

Cases cited (10)

  • Semwanga Charles v Nazziwa Aisha and 2 Others (Civil Application No. 20 of 2022)
  • Wilson v Church (1879) 12 Ch D 454
  • URA v Nsubuga Guster (Supreme Court Civil Appeal No. 16 of 2018)
  • Singh v Runda Coffee Estates Limited (1966) EA
  • Lawrence Musitwa Kyazze v Eunice Busingye (Supreme Court Civil Appeal No. 18 of 1990)
  • Theodore Sekikubo and Others v Attorney General and Others (Constitutional Application No. 3 of 2014)
  • Tropical Commodities Supplies Limited & 2 Others v International Credit Bank Limited (in liquidation) (2004) EA
  • Baptist Lwanga v Namyalo Kevina (Miscellaneous Application No. 12 of 2017)
  • John Baptista Kawanga v Namyalo Kevina & Anor (Miscellaneous Application No. 12 of 2017)
  • Gapco Uganda Limited v Kaweesa & Anor (Miscellaneous Application No. 259 of 2013)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Aguti_v_Rutungu_Properties_Limited_&_Another_(Miscellaneous_Cause_521_of_2024)_[2024]_UGHCLD_121_(24_May_2024)
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.