Bataringaya David v Gasasira Augustine (Civil Application No 543 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 held that the respondent was not in contempt of the order made in Civil Application No. 0068 of 2025 to deposit a certificate of title as security. Although the ordered title covering 162 hectares had already been subdivided before the order was made and no longer existed in that form, the respondent had deposited two subdivided titles (Plots 119 and 120, Block 489) whose combined value exceeded the judgment sum. The Court found the original security condition had been overtaken by events but fulfilled, dismissed the contempt application and the prayer to set aside the stay, and varied the stay order to reflect the two deposited titles.

Outcome

Contempt application dismissed; stay of execution order varied to reflect the two subdivided titles deposited as security

Facts

In Civil Application No. 0068 of 2025, the Court ordered a stay of execution of a High Court decree on condition that the respondent deposit a certificate of title for land at Katumbi, Kasanda District, comprising Singo Block 489, measuring 162 hectares. The applicant alleged that the respondent had deposited a title of smaller size than ordered and had misrepresented that he owned and could pledge the full 162 hectares. The respondent replied that the mother title had already undergone subdivision in March 2025, before the order, and that he was only a part owner. He deposited two subdivided titles, Plot 119 and Plot 120 of Block 489, both in his name, with a valuation report placing their values at UGX 195 million and UGX 457 million respectively, exceeding the judgment sum. The Court verified from the Registrar that both titles had been deposited.

Issues

1. Whether the respondent is in contempt of the court order requiring deposit of a certificate of title as security.
2. Whether the stay of execution issued on 1 April 2025 should be set aside.

Orders

• The prayers to find the respondent in contempt and to set aside the stay of execution are dismissed for lack of merit.
• The stay of execution order in Civil Application No. 0068 of 2025 remains on record but is varied to read that the two titles for security are now Plots 119 and 120, Block 489, Plot 42, land at Katumbi, Kasanda District.
• No orders as to costs.

Rules and key headnotes

Legislation cited (7)

• Constitution of the Republic of Uganda 1995 Article 23(1)(a)
• Constitution of the Republic of Uganda 1995 Article 28
• Constitution of the Republic of Uganda 1995 Article 44
• Constitution of the Republic of Uganda 1995 Article 126(2)
• Judicature (Court of Appeal) Rules Rule 2(2)
• Civil Procedure Act Cap 282 s.40
• Civil Procedure Rules Order 52 Rules 1, 2 & 3

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