Wakilii

Catherine Nankabrwa v Mukiibi Goreet Namrembe and Another (Miscellaneous Application No. 2962 of 2024)

High Court · [2025] UGHCLD 348 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim stay of execution pending determination of substantive stay application
Decision
Interim stay of execution granted pending determination of substantive stay application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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 court granted an interim stay of execution where the applicant demonstrated a pending appeal, a substantive stay application, and a serious threat of execution evidenced by a warrant of arrest for recovery of UGX 44,000,000. The three-part test from Hwang Sung Industries and Patrick Kaumba Wiltshire was satisfied.

Outcome

Interim stay of execution granted pending determination of substantive stay application

Facts

The applicant was the defendant in Civil Suit No. 0340 of 2016 in which judgment was delivered against her. She filed Civil Appeal No. 168 of 2022 which remains pending. The respondent obtained a warrant of arrest dated 11 April 2025 for recovery of UGX 44,000,000 in execution of the decree. The applicant was served with a notice to show cause. She filed a substantive application for stay of execution (HCMA No. 2961 of 2024) which was pending determination. She then filed this application for interim stay of execution pending determination of the substantive stay application.

Issues

  1. Whether the applicant satisfied the conditions for an interim stay of execution pending determination of the substantive stay application.

Orders

  • An order for interim stay of execution of the decree issued in Civil Suit No. 0340 of 2016 is hereby granted pending the determination of HCMA No. 2961 of 2024.
  • The costs of this application shall abide the outcome of HCMA No. 2961 of 2024.

Rules and key headnotes

Civil Procedure — Stay of Execution — Interim Stay — Requirements
For an application for interim stay of execution to succeed, the applicant must satisfy three conditions: a competent notice of appeal, a pending substantive application for stay, and a serious threat of execution before the hearing of the substantive application.
Civil Procedure — Stay of Execution — Serious Threat of Execution — Evidence
A serious threat of execution is established where a warrant of arrest has been issued for recovery of the decretal sum and the judgment creditor corroborates that execution proceedings have been granted.
Civil Procedure — Stay of Execution — Interim Stay — Purpose
An interim stay of execution is granted to prevent the substantive application for stay from being rendered nugatory by execution before it can be determined.

Legislation cited (3)

Cases cited (2)

  • Hwang Sung Industries Limited v Tajdin Hussein and Others (Civil Application No. 19 of 2008)
  • Patrick Kaumba Wiltshire v Ismail Dabule (Supreme Court Civil Application No. 03 of 2018)

Full judgment

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

Catherine_Nankabrwa_v_Mukiibi_Goreet_Namrembe_and_Another_(Miscellaneous_Application_No._2962_of_2024)_[2025]_UGHCLD_348_(29_May_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.