Barozi and Another v Winyi (HCT-01-CV-MA 27 of 2003)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
An application for stay of execution pending appeal must demonstrate a serious and imminent threat of execution targeting the applicant's interests. The court dismissed the application where applicants had no developments on the disputed land and the respondent's efforts to enforce the decree against a third party did not constitute a threat to the applicants' interests. The mere lodging of an appeal and absence of delay are insufficient where substantial loss and visible threat of execution cannot be established.
Outcome
Application for stay of execution dismissed; matter may proceed to appeal
Facts
The applicants were unsuccessful defendants in Land Civil Suit No. 16 of 2013 decided on 13 October 2023. They lodged an appeal to the Court of Appeal and sought a stay of execution of the decree. The decree had directed them not to trespass on the suit land and ordered the 3rd defendant to grade the area. The respondent wrote to the 3rd defendant threatening contempt proceedings for non-compliance with the grading order. The applicants claimed this constituted a threat of execution that would destroy their livelihood from agriculture on the suit land. During the trial locus visit, the court had established that the applicants had no developments or activities on the suit land. The respondent opposed the stay application on grounds that the applicants were not on the land and the execution efforts were directed at the 3rd defendant, not the applicants.
Issues
- Whether the application meets the test for grant of stay of execution.
- What remedies are available in the circumstances?
Orders
- Application dismissed forthwith.
- Costs of the application granted to the Respondent but shall abide the outcome of the pending appeal in the Court of Appeal.
Rules and key headnotes
Legislation cited (6)
Cases cited (3)
- Lawrence Musiitwa Kyazze v Eunice Busingye (Supreme Court Civil Application No. 18 of 1990)
- Dr. Ahmed Muhammed Kisule v Greenland Bank (in Liquidation) (Supreme Court Civil Application No. 7 of 2010)
- Kyambogo University v Prof. Isiah Omolo Ndiege (Court of Appeal Civil Application No. 341 of 2013)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.