Wakilii

Bakeine v Ssempebwa (Miscellaneous Application No. 155 of 2017)

High Court · [2017] UGHCEBD 6 · 2017 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of a warrant to give vacant possession, arising from execution proceedings following judgment in Civil Suit No. 170 of 2016
Decision
Stay of execution granted; status quo maintained pending determination of the civil suit at the Land Division

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a stay of execution where the applicant claiming equitable ownership was evicted without being made a party to the suit. Balance of convenience requires maintaining the status quo to allow all parties to be heard on the merits in the pending Land Division suit, despite completed execution and re-entry on the title. Denying a hearing should be the last resort of court.

Outcome

Stay of execution granted; status quo maintained pending determination of the civil suit at the Land Division

Facts

The applicant claimed to have purchased the suit property (Kyadondo Block 261, Plot 18 at Lukuli) in 2000 from Uganda Consolidated Properties as a sitting tenant and had been in possession since. Without being made a party to Civil Suit No. 170 of 2016, he was evicted pursuant to a warrant to give vacant possession dated 16 January 2017. The respondent had obtained judgment and executed it by noting re-entry on the certificate of title and evicting the applicant. After eviction, the applicant re-entered the premises and filed a suit in the Land Division (HCCS 511/17) together with a miscellaneous application (MA 117/17) seeking to review or set aside the judgment. The applicant contended the respondent knew of his possession but misled the court. The respondent argued the execution was complete, the applicant had no locus standi, his purported purchase was illegal and incomplete, and his reoccupation constituted contempt of court.

Issues

  1. Whether this is a proper case for grant of stay of execution

Orders

  • Application allowed.
  • Status quo to be maintained pending determination of the civil suit filed by the Applicant at the Land Division.
  • Costs of the application will abide the outcome of the civil suit.

Rules and key headnotes

Stay of Execution — Discretion to Maintain Status Quo
The court has discretion to grant stay of execution and this power ought to be exercised judiciously and where it appears equitable to do so, with a view to temporarily preserving the status quo.
Stay of Execution — Guiding Principles
In applications for stay of execution, guiding principles include: (1) pending suit before another court; (2) likelihood of suffering substantial loss or irreparable damage; (3) application made without unreasonable delay; (4) security for costs given by the applicant; and (5) balance of convenience. However, the individual circumstances of each case will determine whether the case falls within the scope and parameters of any laid down principle.
Stay of Execution — Balance of Convenience — Right to be Heard
Where execution has been completed but the applicant claiming equitable ownership was never heard as a party to the suit and has filed a suit raising substantial issues, the balance of convenience demands that the status quo be maintained to give the parties a chance to be heard on all the issues. To deny a party a hearing should be the last resort of court.

Legislation cited (11)

Cases cited (9)

  • Kampala Capital City Authority v Mulangira Joseph (Miscellaneous Application No. 26 of 2016)
  • Akankwasa Damian v Uganda (Supreme Court Application No. 7 of 2011)
  • Erukaana Kuwe v Varsi Rwambani Rumji (Supreme Court Civil Appeal No. 2 of 2002)
  • Francis Butagira vs. Deborah Namukasa SCCA
  • Construction Properties & Ndibalekera
  • Makula International v Cardinal Nsubuga [1982] HCB 13
  • Miriam Kuteesa v Edith Namtumbwe & 3 Others (Miscellaneous Application No. 201 of 2014)
  • David Wesley v Attorney General (Constitutional Application No. 61 of 2014)
  • East African Development Bank v Blueline Enterprise Ltd [2006] 2 EA 5

Full judgment

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

Bakeine v Ssempebwa (Miscellaneous Application No. 155 of 2017) [2017] UGHCEBD 6 (31 July 2017)
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.