Buildnet Construction Materials and Hardware Limited v Fauzia Muwonge (Miscellaneous Application 1383 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.
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
The High Court vacated a stay of execution where the respondent failed to deposit UGX 1,102,000,000 as security within the stipulated thirty-day period. The Court granted the applicant, as registered proprietor of land at Kyadondo Block 244 Plot 1744 Muyenga, vacant possession and quiet enjoyment. The Court exercised its inherent jurisdiction under sections 98 of the Civil Procedure Act and 37 of the Judicature Act to grant consequential orders derived from the earlier judgment in Civil Suit No. 10 of 2023, which had established the applicant's absolute title and the respondent's lack of proprietary interest.
Outcome
Stay of execution vacated; applicant granted vacant possession of the suit property
Facts
The applicant purchased land comprised in Kyadondo Block 244 Plot 1744 at Muyenga from Jaffer Kagimu and became the registered proprietor. The respondent filed Civil Suit No. 10 of 2023 seeking to annul the sale. The suit was dismissed on 7 August 2024 with costs. The respondent then filed M.A No. 1299 of 2024 seeking a stay of execution. On 25 February 2025, the Court granted the stay on condition that the respondent deposit UGX 1,102,000,000 in Court within thirty days, ending 27 March 2025. The respondent failed to comply with this condition. The applicant then brought the present application seeking to vacate the stay and obtain vacant possession of the property.
Issues
- Whether the order of stay of execution granted by this Court vide M.A No. 1299 of 2024 should be vacated upon the respondent's failure to comply with the conditions on which it was granted.
- Whether the applicant should be granted an order of possession, quiet and undisturbed use and enjoyment of the property comprised in Kyadondo Block 244 Plot 1744 land at Muyenga.
- What remedies are available to the parties.
Orders
- The order of stay of execution granted vide M.A No. 1299 of 2024 is vacated.
- The applicant is granted vacant possession, quiet and undisturbed use and enjoyment of the property comprised in Kyadondo Block 244 Plot 1744 land at Muyenga.
- Costs of the application awarded to the applicant.
Rules and key headnotes
Legislation cited (3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.