Wakilii

Babirwe Agness v John Kagwa Administrator of the estate of the late Michael Kagwa (Miscellaneous Application No. 2375 of 2023)

High Court · [2026] UGHCLD 89 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judgment pending appeal to Court of Appeal
Decision
Stay of execution granted conditionally upon payment of security

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a conditional stay of execution of the decree in Civil Suit No. 286 of 2017 pending the hearing and determination of the applicant's appeal to the Court of Appeal. The court found that the applicant satisfied the legal thresholds for stay of execution: the draft grounds of appeal raised arguable grounds with likelihood of success; the applicant would suffer irreparable damage as the decree ordered cancellation of her certificate of registration for land; the application was filed without unreasonable delay; and the applicant was willing to provide security for due performance of the decree.

Outcome

Stay of execution granted conditionally upon payment of security

Facts

The respondent filed Civil Suit No. 286 of 2017 against the applicant and eight others. Judgment was delivered in favour of the respondent on 23 July 2023. The decree ordered the Commissioner Land Registration to cancel the applicant's certificate of registration for land comprised in ERV 952 folio 10 Busiro Block 598-599, Plots 104-106, land at Lugumba Zziba Kasenje in Wakiso District. The applicant, dissatisfied with the judgment, lodged an appeal before the Court of Appeal and filed a notice of appeal. The respondent extracted the decree and sought to execute it. The applicant then brought this application for stay of execution pending determination of the appeal.

Issues

  1. Whether stay of execution of the judgment and decree of Civil Suit No. 286 of 2017 should be granted.
  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

Stay of Execution — Guiding Principles — Likelihood of Success of Appeal
In determining whether to grant stay of execution, the court must exercise its discretion judicially and consider whether the draft grounds of appeal raise arguable grounds, though the trial court does not determine the merits of the appeal which is the preserve of the appellate court.
Stay of Execution — Irreparable Damage — Cancellation of Certificate of Title
Irreparable injury does not mean that there must be no physical possibility of repairing the injury, but means that the injury or damage must be one that cannot be adequately atoned by damages. Where a decree orders cancellation of a certificate of registration for land, the applicant will suffer irreparable damage if execution is not stayed pending appeal.
Stay of Execution — Delay — Date of Filing versus Date of Endorsement
For purposes of determining whether an application for stay of execution was brought with unreasonable delay, the relevant date is the date of filing and registration of the application, not the date of court endorsement, as the function of endorsement is vested in the court.
Stay of Execution — Security for Due Performance of Decree — Judicial Discretion
The amount of security for due performance of a decree is a matter of judicial discretion depending on the circumstances of each case. Where an applicant is willing to provide security, the court may grant a conditional stay of execution.

Legislation cited (6)

Cases cited (5)

  • Malinga Noah and 2 Others v Akol Henry (Court of Appeal Miscellaneous Application No. 203 of 2015)
  • East African Development Bank v Blueline Enterprise Ltd [2006] 2 EA 51
  • Junaco (U) Limited and 2 Others v DFCU Bank Ltd (Court of Appeal Civil Application No. 145 of 2023)
  • Giella v Cassman Brown & Co [1973] EA 358
  • Joel Kato and Margaret Kato v Nuulu Nalwoga (Supreme Court Civil Appeal No. 04 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_(Miscellaneous_Application_No._2375_of_2023)_[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.