Bakulumpagi and Another v Kasozi (Civil Application 798 of 2022)

Observed later treatment

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.

Holding

The court considered an application for an interim stay of execution of a High Court judgment in a land dispute pending the hearing of a substantive application and appeal. Applying the conditions in Patrick Kaumba Wiltshire v Ismail Dabule and Zubeda Mohamed v Laila Walia (a competent notice of appeal, a substantive application for stay, and a serious imminent threat of execution), the court found the alleged threats were not recent or imminent. Nonetheless, exercising judicial discretion with caution in a land dispute and to preserve the status quo, the court granted the interim order for an initial 180 days subject to strict conditions on use of the land.

Outcome

Interim order staying execution granted for an initial 180 days, subject to strict conditions on use of the suit land

Facts

The dispute concerns kibanja land at Buddu Block 147 Plot 32, approximately 3.1 acres, situated at Lutente and Lubamba in Kalungu District. The first applicant claims he acquired the land from his late grandmother by gift inter vivos in June 2002 and has resided on it. The respondent obtained letters of administration for the land's registered proprietor around 2006. In Suit No. 00187 of 2014 at the Chief Magistrate's Court at Masaka, the trial court found the property belonged to the applicants. On appeal in Civil Appeal No. 96 of 2017, the High Court reversed that finding in favour of the respondent. The applicants appealed to the Court of Appeal and sought an interim stay of execution, relying on alleged threats of eviction. The respondent opposed, arguing the applicants failed to prove imminent threat, had no interest in the land, and did not reside there.

Issues

1. Whether the applicants satisfied the conditions for the grant of an interim order staying execution pending determination of the substantive application and appeal.

Orders

• An interim order is issued staying execution of the judgment and decree in HCCS No. 096 of 2017 pending hearing and determination of the substantive application or main appeal.
• The applicants are ordered not to effect any further developments on the suit land.
• The applicants are ordered not to transfer, sell or otherwise deal with the suit land in a manner resulting in a change of possession.
• The applicants may use the suit land for agricultural purposes only with seasonal crops for sustenance; no further trees or like agricultural activities permitted.
• This order is given for an initial period of 180 days.
• The Registrar is directed to ensure the substantive application is fixed as soon as possible.
• Costs shall be in the cause.

Rules and key headnotes

Cases cited (3)

• Abid Alam V Windriver Logistic Ltd Misc No 219 of 2021
• Patrick Kaumba Wiltshire v Ismail Dabule (Civil Application No. 03 of 2018)
• Zubeda Mohamed & Anor v Laila Walia & Anor (Civil Reference No. 07 of 2016)

Cases citing this judgment (1)

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.

• M/s Mukono Bookshop Printing & Publishing Co. Ltd v Magdalene Lamwaka (Miscellaneous Application No. 846 of 2025)

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