Wakilii

Bulamu Mwetegaine Kiiza & Anor v Zephania Kadooba Kiiza (Miscellaneous Application No.930 of 2007) (Miscellaneous Application No.930 of 2007)

High Court · [2008] UGHC 31 · 2008 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution arising from Civil Appeal No. 10 of 2005
Decision
Stay of execution granted without security pending appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a stay of execution without requiring payment of security. The applicants had filed a notice of appeal without undue delay and would suffer substantial loss if execution proceeded, while the respondent would suffer no prejudice except missing costs. Requiring security would defeat the purpose of granting the stay.

Outcome

Stay of execution granted without security pending appeal

Facts

The applicants applied for a stay of execution arising from Civil Appeal No. 10 of 2005. They had filed a notice of appeal and contended that they would suffer a miscarriage of justice if the stay was not granted. The application was brought under Order 51 rule 1 of the Civil Procedure Rules and supported by affidavit. The respondent did not file any reply to the application. When the matter was called for hearing, counsel for the respondent was absent despite being notified, and the application proceeded ex parte. The respondent was in possession of disputed property and a bill of costs had been taxed at UGX 5,504,700.

Issues

  1. Whether the applicants satisfied the conditions for granting a stay of execution.
  2. Whether security should be required for granting the stay of execution.

Orders

  • Application for stay of execution granted.
  • Stay granted without payment of security.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions to be Satisfied
An applicant seeking a stay of execution must prove: (1) that substantial loss may result unless the order of stay is granted; (2) that the application was made without undue delay; and (3) that security has been given for the due performance of the decree or order as may ultimately be binding.
Civil Procedure — Stay of Execution — Security for Costs — Court's Discretion
The requirement of payment of security as a condition for granting a stay of execution is within the discretion of the court. The court may grant a stay without security where requiring payment would defeat the purpose of the stay and the applicants are impecunious.
Civil Procedure — Stay of Execution — Balance of Convenience — Assessment of Prejudice
In determining whether to grant a stay of execution, the court considers the balance of convenience and whether the parties would be prejudiced. Where the respondent is already in possession of the disputed property and the applicants face substantial financial loss from execution, the balance favours granting the stay.

Legislation cited (1)

Cases cited (1)

  • DFCU Bank Ltd v Dr Ann Persis Nakate Lusejjere (Court of Appeal Civil Application No. 29 of 2003)

Full judgment

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

Bulamu Mwetegaine Kiiza & Anor v Zephania Kadooba Kiiza (Miscellaneous Application No.930 of 2007) (Miscellaneous Application No.930 of 2007) [2008] UGHC 31 (17 March 2008)
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.