Wakilii

Akeem Badiru v Stanbic Bank Uganda Limited (Miscellaneous Application No. 2080 of 2025)

High Court · [2026] UGCOMMC 102 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from judgment in Civil Suit No. 682 of 2018
Decision
Application for stay of execution dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for stay of execution pending appeal dismissed. The applicant failed to demonstrate that he would suffer irreparable damage or that the appeal would be rendered nugatory if execution proceeded. Where a decree is for payment of money and the respondent is not shown to be impecunious, satisfaction of the decree does not ordinarily render an appeal nugatory because restitution is available if the appeal succeeds.

Outcome

Application for stay of execution dismissed with costs to the respondent

Facts

The respondent bank obtained judgment against the applicant in Civil Suit No. 682 of 2018 for USD 70,000 with interest at 10% per annum plus taxed costs of UGX 19,141,531. The applicant filed an appeal (Civil Appeal No. 659 of 2024) and sought stay of execution. On 3 September 2025, the court issued a Notice to Show Cause Why Execution Should Not Issue. The applicant filed this application on 17 September 2025 seeking to stay execution pending the appeal. The applicant is a British national with no known property in Uganda and has not been resident in the country for a considerable period.

Issues

  1. Whether the application discloses sufficient grounds for the grant of an order of stay of execution of the judgment and decree in Civil Suit No. 682 of 2018?
  2. What remedies are available to the parties?

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant
For a court to grant a stay of execution pending appeal, the applicant must prove: (1) there is a pending appeal; (2) there is a serious or imminent threat of execution; (3) the applicant will suffer irreparable damage and the appeal will be rendered nugatory if stay is not granted; (4) the application has been made without unreasonable delay; and (5) security for due performance of the decree has been provided or offered.
Civil Procedure — Stay of Execution — Money Decrees — Nugatory Appeal Test
Satisfaction of a money decree does not ordinarily pose the danger of rendering a pending appeal nugatory where the respondent is not shown to be impecunious, because the remedy of restitution is available to the applicant in the event the appeal is allowed. The presumption is that payment made in execution of the decree will be reversible if the applicant succeeds on appeal.
Civil Procedure — Stay of Execution — Burden of Proof — Irreparable Damage
An applicant seeking stay of execution must demonstrate to the court how execution of the decree will cause irreparable damage. A bare averment that irreparable damage will be suffered, without particularisation or supporting evidence, is insufficient to satisfy this requirement.

Legislation cited (10)

Cases cited (6)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Olivia da Ritta Siqueira E Facho v Siqueira [1933] 15 KLR 34
  • Jadva Karsan v Harnam Singh Bhogal [1953] 20 EACA 74
  • Hon. Theodore Ssekikubo and 3 Others v Attorney General and 4 Others (Supreme Court Constitutional Application No. 06 of 2013)
  • Eriabu Kabigiza v Lawrence Sserwanja [1975] HCB 199
  • Formula Feeds Limited and 3 Others v KCB Bank Limited (High Court Miscellaneous Application No. 1647 of 2022)

Full judgment

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

Akeem Badiru v Stanbic Bank Uganda Limited (Miscellaneous Application No. 2080 of 2025) [2026] UGCommC 102 (27 March 2026)
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.