Wakilii

Baryomunsi v Jemba & Another (Miscellaneous Application 2644 of 2024)

High Court · [2025] UGHCLD 23 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending determination of an application for review of a judgment in which applicant was not a party
Decision
Execution of decree stayed pending determination of review application

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 determination of an application for review. The applicant, a registered proprietor not party to the original suit, satisfied the three conditions: a substantive application was pending; there was imminent threat of execution evidenced by an eviction notice; and without the stay, the review application would be rendered nugatory as the applicant would be evicted before being heard.

Outcome

Execution of decree stayed pending determination of review application

Facts

The respondents obtained judgment and a decree for eviction against Muzamiru Kalema in Civil Suit No. 067 of 2018. The judgment concerned land comprised in Kyadondo Block 185 Plot 10401 at Namugongo. The applicant Baryomunsi Nicholas was registered as proprietor of this land on 3 October 2018 and has been in physical possession. In August 2024, the applicant discovered an eviction notice targeting the suit land despite never being a party to the original proceedings. The Deputy Registrar had issued the eviction notice and the respondents initiated execution proceedings. The applicant filed an application for review of the judgment (Miscellaneous Application No. 2242 of 2024) on grounds he was not party to the suit and is the registered proprietor. He then filed this application seeking stay of execution pending determination of the review application.

Issues

  1. Whether the application discloses substantial grounds for stay of execution?

Orders

  • Application allowed.
  • Stay of execution granted of the decree in Civil Suit No. 067 of 2018 pending hearing and determination of Miscellaneous Application No. 2242 of 2024.
  • Costs of the application to abide the outcome of the main cause.

Rules and key headnotes

Stay of Execution — Conditions for Grant — Substantive Application Pending
A stay of execution pending a substantive application will be granted where three conditions are satisfied: (i) there is a substantive application pending in court, (ii) there is a serious threat of execution before the hearing of the substantive application, and (iii) if the application is not granted it would render the substantive application nugatory.
Stay of Execution — Imminent Threat of Execution — What Constitutes
An imminent threat of execution means a condition that is reasonably certain to place the applicant's interests in direct peril and is immediate and impending, not merely remote, uncertain, or contingent. An order of stay will issue only if there is actual or presently threatened execution, evidenced by the opposing party actively taking steps to execute the judgment such as extracting the decree and initiating enforcement actions.
Stay of Execution — Purpose — Preservation of Rights and Preventing Nugatory Orders
The purpose of granting a stay of execution is to preserve the right of the applicant to have his or her application heard and to ensure that the main application is not rendered nugatory. An order for stay of execution must be intended to serve a purpose, and where execution would deprive the applicant of property before a hearing on the merits, the stay should be granted to prevent irreversible consequences.
Stay of Execution — Inherent Powers of Court — Section 98 Civil Procedure Act
Where stay of execution pending a substantive application is not expressly provided for under procedural laws, the inherent powers of court under Section 98 of the Civil Procedure Act may be invoked, though such powers should be exercised judiciously to balance procedural requirements with fundamental rights to be heard and protecting potential property interests of third parties without denying a successful litigant the fruits of their judgment.

Legislation cited (3)

Cases cited (4)

  • Wilson v Church (1879) 12 Ch D 454
  • Geofrey Opio v Felix Obote and 2 Others (Miscellaneous Application No. 81/82 of 2018)
  • Junaco (T) Limited and 2 Others v DFCU Bank Limited (Miscellaneous Application No. 0027 of 2023)
  • Mugenyi v National Insurance Corporation (SCCA No. 13 of 1984)

Full judgment

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

Baryomunsi_v_Jemba_&_Another_(Miscellaneous_Application_2644_of_2024)_[2025]_UGHCLD_23_(28_January_2025)
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.