Wakilii

Bamuhiga v Ndyanabangi & Another (Civil Miscellaneous Application 17 of 2023)

High Court · [2024] UGHC 158 · 2024 Application Dismissed 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
Decision
Application for stay of execution dismissed with costs to the 2nd Respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for stay of execution of a taxed costs order pending appeal to the Court of Appeal. The court held that payment of a taxed sum of UGX 4,210,000 does not constitute substantial loss where the remedy of restitution remains available if the appeal succeeds. The applicant failed to demonstrate how payment would create an irreparable state of affairs affecting the essential core of his position as appellant.

Outcome

Application for stay of execution dismissed with costs to the 2nd Respondent

Facts

The applicant appealed a High Court judgment in Civil Appeal No. 9 of 2021 to the Court of Appeal (Civil Appeal No. 156 of 2023). The 2nd respondent sought to execute a taxed costs order of UGX 4,210,000 arising from the dismissed appeal. The applicant filed this application seeking stay of execution pending determination of the appeal. The applicant had separately filed applications in the Chief Magistrate's Court seeking stay of execution of the original decree in Civil Suit No. 52 of 2009, which concerned an access road. One such application was dismissed, following which a bailiff constructed an access road on land claimed by the applicant as plot 109, Block 3. The applicant argued the appeal had prospects of success and that he would suffer substantial loss if required to pay the costs, as the land was his matrimonial home.

Issues

  1. Whether the applicant established that his appeal before the Court of Appeal has a likelihood of success.
  2. Whether the applicant will suffer substantial loss if the application for stay of execution is not granted.
  3. Whether the appeal will be rendered nugatory if the application is not granted.
  4. Whether the application was brought without undue delay.

Orders

  • Application dismissed.
  • Costs awarded to the 2nd Respondent.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions to be Satisfied
An applicant seeking stay of execution pending appeal must establish four grounds: (i) that there is an appeal with a likelihood of success; (ii) that the applicant will suffer substantial loss if the application is not granted; (iii) that the appeal will be rendered nugatory if the application is not granted; and (iv) that the application was instituted without delay.
Civil Procedure — Stay of Execution — Substantial Loss — Definition
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.
Civil Procedure — Stay of Execution — Money Decrees — Restitution as Adequate Remedy
Execution of a money decree does not ordinarily amount to substantial loss or irreparable injury where the respondent is not impecunious, as the remedy of restitution is available to the applicant in the event the appeal is allowed. The loss must be of a nature which cannot be undone once inflicted, creating a state of affairs that will irreparably affect the very essential core of the applicant as the successful party in the appeal.

Legislation cited (6)

Cases cited (3)

  • Ssekikubo & 3 Others v Attorney General & 4 Others (Constitutional Application No. 6 of 2013)
  • Tropical Commodities Supplies Ltd (in liquidation) [2004] 2 EA 33
  • Junaco (T) Ltd & 2 Others v DFC Bank Ltd (HCMA No. 27 of 2023)

Full judgment

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

Bamuhiga v Ndyanabangi & Another (Civil Miscellaneous Application 17 of 2023) [2024] UGHC 158 (28 February 2024)
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.