Wakilii

Byensi Jameson v Amos Mandela (Miscellaneous Application 801 of 2024)

High Court · [2025] UGHCCD 181 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of High Court judgment pending appeal to Court of Appeal
Decision
Application for stay of execution dismissed; respondent entitled to proceed with execution of underlying judgment

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

An application for stay of execution pending appeal was dismissed where the applicant failed to annex proposed grounds of appeal, preventing assessment of likelihood of success. The court held that the balance of convenience favoured the respondent who was entitled to enjoy the fruits of the judgment. The applicant failed to establish that substantial loss would result or that such loss was not capable of monetary atonement.

Outcome

Application for stay of execution dismissed; respondent entitled to proceed with execution of underlying judgment

Facts

The applicant was ordered by the High Court in Civil Suit No. 136 of 2021 to pay UGX 210,000,000 and costs to the respondent in a judgment delivered on 10 June 2024 by Justice Emmanuel Baguma. The applicant filed a Notice of Appeal dated 26 June 2024 to the Court of Appeal. The respondent filed a bill of costs and threatened execution. The applicant applied for stay of execution pending appeal, supported by an affidavit sworn on 13 August 2024. The respondent opposed the application, stating there was no pending appeal and he was entitled to enjoy the fruits of judgment. At the hearing on 8 October 2025, the applicant did not appear but was represented by his son. The applicant did not file written submissions.

Issues

  1. Whether the applicant has sufficiently proved the conditions for grant of an order of stay of execution.

Orders

  • Application dismissed.
  • Applicant to pay costs of the application.

Rules and key headnotes

Stay of Execution — Conditions for Grant — Likelihood of Success of Appeal
The most important consideration in an application for stay of execution is the likelihood of success of the intended appeal. Where an applicant fails to annex proposed grounds of appeal to the application, there is no basis for assessing the likelihood of success and the application must fail on this ground.
Stay of Execution — Balance of Convenience — Fruits of Judgment
In determining an application for stay of execution, the court must balance ensuring the appeal is not rendered nugatory against ensuring the successful party is not deprived of the fruits of judgment except for good and cogent reason. The applicant must prove that the loss likely to be suffered is not capable of monetary atonement by the respondent and is of a nature that cannot be undone once suffered.
Stay of Execution — Grounds for Grant — Four-Part Test
An application for stay of execution may be proved on four grounds: there must be a pending appeal which prima facie has a likelihood of success; the appeal will be rendered nugatory if stay is not granted; if conditions one and two are not established, the court must consider where the balance of convenience lies; and the applicant must establish that the application was instituted without delay.

Legislation cited (3)

Cases cited (3)

  • Gashumba Maniraguha v Sam Nkudiye (Supreme Court Civil Application No. 24 of 2015)
  • Uganda Revenue Authority v Mohammed Tumusiime (High Court Miscellaneous Application No. 440 of 2022)
  • Junaco (T) Ltd & 2 Others v DFCU Bank (High Court Miscellaneous Application No. 27 of 2023)

Full judgment

↓ Download PDF

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

Byensi Jameson v Amos Mandela (Miscellaneous Application 801 of 2024) [2025] UGHCCD 181 (18 October 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.