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Babirwe Agness v John Kagwa Administrator of the estate of the late Michael Kagwa [2026] UGHCLD 89

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the High Court for stay of execution of a judgment and decree pending appeal to the Court of Appeal, arising from Civil Suit No. 286 of 2017
Decision
Conditional stay of execution granted pending determination of the appeal, subject to payment of UGX 15,000,000 security for due performance within 45 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a conditional stay of execution. It held that the existence of a pending appeal was undisputed and that the merits of the appeal are the preserve of the Court of Appeal; the trial court need only be satisfied that the draft memorandum of appeal raises arguable grounds. Because the decree directed cancellation of the applicant's certificate of title, the threatened loss could not be adequately atoned for by damages. Delay was not established since the application was filed in 2023, endorsement by the registry being a court function. The respondent's proposal that security be furnished conceded that the balance of convenience favoured a stay. Security was fixed at UGX 15,000,000 in the court's discretion.

Outcome

Conditional stay of execution granted pending determination of the appeal, subject to payment of UGX 15,000,000 security for due performance within 45 days

Facts

The respondent, as administrator of the estate of the late Micheal Kagwa, sued the applicant and eight others in Civil Suit No. 286 of 2017 and obtained judgment in his favour on 23 July 2023. The decree, among other things, directed the Commissioner for Land Registration to cancel the applicant's certificate of title over land comprised in FRV 952 Folio 10, Busiro Block 598-599, Plots 104-106 at Lugumba Zziba Kasenje, Wakiso District. The applicant, dissatisfied, lodged a notice of appeal in the Court of Appeal and requested certified records of proceedings, and formulated draft grounds of appeal. The respondent extracted the decree and the applicant apprehended execution, prompting this application for stay. The respondent contended that no execution proceedings had been commenced, that the appeal had no likelihood of success, that the application was brought after excessive delay (judgment delivered July 2023, application allegedly brought August 2025), and that any stay should be conditional on security of UGX 50,000,000, being 10% of the value of the suit property. The applicant replied that the application was filed on 10 August 2023 but endorsed by the court only in 2025, and offered to provide security.

Issues

  1. Whether stay of execution of the judgment and decree in Civil Suit No. 286 of 2017 should be granted pending the applicant's appeal.
  2. What remedies are available to the parties.

Orders

  • Execution of the decree in Civil Suit No. 286 of 2017 is hereby stayed pending the hearing and determination of the Applicant's appeal.
  • The Applicant should pay security for due performance of the decree of Shs. 15,000,000/= within 45 days from the grant of this application.
  • Costs of this application shall abide the result of the appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution Pending Appeal — Guiding Principles and Judicial Discretion
The grant of a stay of execution is discretionary and must be exercised judicially and where it appears equitable, guided by the likelihood of success of the appeal, danger of substantial loss or irreparable damage, absence of unreasonable delay, provision of security, and the balance of convenience, the weight of each factor depending on the circumstances and merits of the individual case.
Civil Procedure — Stay of Execution — Assessment of Merits of Pending Appeal by Trial Court
A court hearing an application for stay of execution does not determine the merits of the pending appeal, which are the exclusive preserve of the appellate court; it need only examine the grounds set out in the memorandum or draft memorandum of appeal to satisfy itself that arguable grounds are raised.
Land & Property — Cancellation of Certificate of Title Under Decree — Irreparable Injury Justifying Stay
Where a decree directs the Commissioner for Land Registration to cancel a registered proprietor's certificate of title, the threatened loss constitutes irreparable injury for the purposes of a stay of execution, since irreparable injury means damage that cannot be adequately atoned for by an award of damages.
Civil Procedure — Stay of Execution — Delay — Effect of Date of Filing Versus Date of Registry Endorsement
An applicant is not to be penalised for delay attributable to the court's own registry; where an application is filed and registered within time, subsequent endorsement of the pleading by court at a later date does not render the application one brought with unreasonable delay.
Civil Procedure — Stay of Execution — Security for Due Performance of Decree — Quantum a Matter of Discretion
The fixing of security for due performance of a decree is a matter of judicial discretion depending on the circumstances of the case, and the court is not bound by the sum proposed by the decree-holder; a respondent's proposal that security be furnished may itself indicate that the balance of convenience favours a conditional stay.

Legislation cited (5)

Cases cited (5)

  • Malinga Noah and 2 Others v Akol Henry (Civil Application No. 203 of 2015)
  • East African Development Bank vs. Blueline Enterprise Ltd [2006] 2 EA 51
  • Junaco (T) Limited and 2 Others v DFCU Bank Ltd (Civil Application No. 145 of 2023)
  • Giella v. Cassman Brown & Co [1973] E.A 358
  • Joel Kato and Margaret Kato v Nuulu Nalwoga (Civil Appeal No. 4 of 2012)

Full judgment

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

Babirwe Agness v John Kagwa Administrator of the estate of the late Michael Kagwa [2026] UGHCLD 89 (8 April 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.