Wakilii

Apollo Mushabe v Mutumba Ismael and Another (Miscellaneous Application No. 225 of 2025)

High Court · [2025] UGHC 1120 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal to the Court of Appeal from High Court judgment in Civil Suit No. 23 of 2020
Decision
Stay of execution granted pending disposal of appeal to the Court of Appeal

Observed later treatment

Cited — treatment unverified cited in 3 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 3 times with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted a stay of execution pending appeal where the applicant demonstrated that a notice of appeal had been lodged, the appeal raised arguable grounds meriting consideration by the Court of Appeal, there was an imminent threat of execution as a decree had been extracted, the application was brought without unreasonable delay, and substantial loss would result from eviction. The court declined to order security for due performance where the subject matter was land, holding that such an order would effectively punish the applicant for exercising the right of appeal.

Outcome

Stay of execution granted pending disposal of appeal to the Court of Appeal

Facts

The applicant was defendant in Civil Suit No. 23 of 2020 in which the first respondent sought orders relating to ownership of land comprised in Block 47 Plot 2, Lusasa, Gomba District, including eviction and cancellation of the applicant's certificate of title. The applicant had earlier filed an application to strike out the main suit which was dismissed with costs. On 2 October 2025, the High Court delivered judgment in favour of the first respondent. The applicant lodged a notice of appeal on 6 October 2025 and filed this application for stay of execution on 10 October 2025. The first respondent extracted a decree on 8 October 2025. The applicant remained in occupation of the suit land.

Issues

  1. Whether there are grounds for stay of execution pending determination of the appeal
  2. What remedies are available to the applicant

Orders

  • Execution of the Judgment and decree of the High Court Civil Suit No. 23 of 2020 is hereby stayed pending the disposal of the Applicant's appeal to the Court of Appeal.
  • Costs of this application abide the outcome of the Appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution — Grounds for Grant
An applicant seeking stay of execution pending appeal must demonstrate that a notice of appeal has been lodged, substantial loss may result unless the stay is granted, the application has been made without unreasonable delay, and security for due performance of the decree has been given or the court exercises discretion to dispense with it.
Civil Procedure — Stay of Execution — Likelihood of Success on Appeal
At the stage of determining an application for stay of execution, the court is not required to delve into the merits of the appeal but must be satisfied that the appeal raises issues which merit consideration by the appellate court and is neither frivolous nor vexatious.
Civil Procedure — Stay of Execution — Threat of Execution
Extraction of a decree constitutes an imminent threat of execution as it is the first step in the process of execution and entitles the decree holder to proceed to obtain a certificate of taxation and execute the decree.
Civil Procedure — Stay of Execution — Security for Due Performance
Security for due performance of a decree is not a condition precedent to the grant of stay of execution and the court may exercise discretion to decline to order security where the subject matter is land, as ordering security would effectively punish an unsuccessful litigant for exercising the right of appeal.
Civil Procedure — Stay of Execution — Substantial Loss
Substantial loss does not represent any particular size or amount but refers to any loss, great or small, that is of real worth or value as distinguished from a loss that is merely nominal.

Legislation cited (4)

Cases cited (9)

  • Hon. Theodore Ssekikubo and Others v Attorney General and Others (Constitutional Application No. 03 of 2014)
  • Gashumba Maniraguha v Sam Nkudiye (Civil Application No. 24 of 2015)
  • Dison Okumu and 2 Others v Uganda Electricity Transmission Co. Ltd (HCMA No. 60 of 2021)
  • Giuliano Graiggio v Calaudio Casadio (Civil Application No. 3 of 2013)
  • Tropical Commodities Supplies Ltd and Others v International Credit Bank Ltd (in liquidation) [2004] 2 EA 331
  • Hon. Theodore Ssekikubo and 3 Others v Attorney General and 4 Others (Constitutional Application No. 6 of 2013)
  • Imperial Royale Hotel Ltd and 2 Others v Ochan Daniel (Miscellaneous Application No. 111 of 2012)
  • Margaret Kato and Joel Kato v Nuulu Nalwoga (Civil Application No. 11 of 2011)
  • Haruna Sentogo v I&M Bank (Civil Application No. 114 of 2023)

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Apollo Mushabe v Mutumba Ismael and Another (Miscellaneous Application No. 225 of 2025) [2025] UGHC 1120 (20 October 2025)
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.