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Bamweyana and 2 Others v Ssimbwa and Another (Miscellaneous Application No. 2031 of 2022)

High Court · [2023] UGHCLD 27 · 2023 Application Granted 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
Stay of execution granted pending appeal, conditional upon deposit of 100% of decretal amount within 30 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a stay of execution pending appeal where the applicants satisfied all four requirements under Order 43 of the Civil Procedure Rules: they filed a notice of appeal, demonstrated substantial loss (land capable of alienation), acted without unreasonable delay, and undertook to provide security for due performance of the decree by depositing 100% of the decretal amount within 30 days.

Outcome

Stay of execution granted pending appeal, conditional upon deposit of 100% of decretal amount within 30 days

Facts

The applicants lodged a caveat on land comprised in Kyadondo Block 250 Plot 1330 at Bunga, claiming a lawful protectable interest. The first respondent filed Miscellaneous Application No. 717 of 2022 seeking to have the caveat vacated on grounds that it was in contempt of court orders issued in Miscellaneous Cause No. 105 of 2021. The High Court granted the application, finding the applicants in contempt and ordering them to pay UGX 30,000,000. Dissatisfied, the applicants filed a notice of appeal and sought a stay of execution, arguing they were not privy to the original court orders and that caveating was the only remedy to protect their interest. The first respondent began extracting execution orders. The respondents did not oppose the stay application.

Issues

  1. Whether this application discloses sufficient grounds for stay of execution pending appeal.

Orders

  • Execution of the ruling and orders of this court vide Miscellaneous Application No. 717 of 2022 is hereby stayed, pending the hearing and determination of the applicants' intended appeal to the Court of Appeal.
  • The applicants shall deposit 100% of the decretal amount in court as security for the due performance of the decree, within thirty (30) days from the date of this order.
  • If the applicant fails to deposit the security as ordered, execution shall ensue.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Stay of Execution — Grounds for Grant — Four Requirements under Order 43 Rule 4(3)
For a stay of execution pending appeal to be granted, the applicant must satisfy four requirements: (a) filing a notice of appeal; (b) demonstrating that substantial loss may result unless the stay is granted; (c) applying without unreasonable delay; and (d) providing security for due performance of the decree as may ultimately be binding.
Civil Procedure — Stay of Execution — Notice of Appeal — Sufficiency
A notice of appeal is a sufficient expression of an intention to file an appeal and such action is sufficient to found the basis for grant of orders of stay in appropriate cases.
Civil Procedure — Stay of Execution — Substantial Loss — Subject Matter Capable of Alienation
Where the subject matter is property capable of permanent alienation and therefore capable of causing the appeal preferred to be nugatory by transfer, the court will exercise its discretion in favour of the applicant so as to give benefit to the appeal to be attended to on its merits. In contrast, where what is sought to be executed is payment of a sum of money, courts will generally deny stay on the basis that money can always be returned.
Civil Procedure — Stay of Execution — Unreasonable Delay — Application Made Before Filing Appeal
It is fair that an intended appellant who has filed a notice of appeal should be able to apply for a stay of execution as soon as possible and not have to wait until the appeal has been lodged. Owing to long delays in obtaining proceedings of the High Court, it may be many months before an appeal can be lodged, and in the meantime execution of the decision of the court below could cause irreparable loss.
Civil Procedure — Stay of Execution — Security for Due Performance — Discretion to Impose Conditions
The requirement for payment of security for costs is to ensure that a losing party does not intentionally delay execution while hiding under unnecessary applications. Each case must be looked at according to its merits, and a party seeking a stay should be prepared to meet conditions set by the court, including deposit of the decretal amount or a portion thereof.

Legislation cited (7)

Cases cited (7)

  • Francis M. Bukeah v Norah Wakaaka (1992-93) HCB 84
  • Lawrence Musitwa Kyawe v Eunice Businge (Supreme Court Civil Application No. 18 of 1990)
  • Attorney General of the Republic of Uganda v The East African Law Society and Another (EACA Application No. 1 of 2013)
  • P.K Ssengendo v Busuulwa Lawrence and Another (Court of Appeal Civil Application No. 201 of 2014)
  • Wagar Singh and Another v Runda Coffee Estates Ltd [1966] EA 263
  • Sekyankombo Dickson v Ziwa Abby (High Court Miscellaneous Application No. 174 of 2005)
  • Musitwa v Eunice Busigye (Court of Appeal Civil Application No. 18 of 1990)

Full judgment

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

Bamweyana_and_2_Others_v_Ssimbwa_and_Another_(Miscellaneous_Application_No._2031_of_2022)_[2023]_UGHCLD_27_(7_February_2023)
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.