China Henan International Cooperation Co Ltd v Kyabahwa (Civil Application No. 100 of 2021)

Observed later treatment

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 of Appeal dismissed an application for stay of execution pending appeal. The applicant had not filed a record of appeal, so the Court could not assess whether the intended appeal had a likelihood of success; a vague assertion of likely success without evidential foundation was insufficient. Failing the first condition, the application could not succeed. The Court further held that where garnishee orders nisi had already been made absolute and the funds transferred to the judgment creditor, execution was complete and any stay would be made in futility, as an order absolute can only be set aside by the issuing court, not stayed.

Outcome

Application for stay of execution dismissed with costs

Facts

The respondent contracted with the applicant to provide consultancy services for bid preparation and tender winning for the construction of the Rukungiri-Kihihi-Ishasha/Kanungu road, with agreed consideration of 4% of the contract price. The applicant won the project and signed a construction contract with UNRA. A deed of variation was executed which the respondent alleged was founded on fraudulent misrepresentation. The respondent sued the applicant in the High Court for breach of the consultancy agreement, seeking a declaration that the deed of variation was void ab initio, payment of USD 900,000 and general damages. Judgment was entered for the respondent, who obtained garnishee orders. The applicant lodged a notice of appeal and applied to the Court of Appeal for a stay of execution, contending its appeal had a high likelihood of success and that it would suffer irreparable loss. Garnishee orders nisi against Stanbic Bank and UNRA had already been made absolute and the funds transferred to the respondent by the time the application was heard.

Issues

1. Whether the applicant adduced sufficient reasons to justify the grant of a stay of execution pending appeal.
2. Whether an order of stay of execution can be granted where garnishee orders nisi have already been made absolute and execution is complete.

Orders

• This application lacks merit and is accordingly dismissed with costs.

Rules and key headnotes

Legislation cited (4)

• Judicature (Court of Appeal Rules) Directions r.6(2)
• Judicature (Court of Appeal Rules) Directions r.43(1)
• Judicature (Court of Appeal Rules) Directions r.44(1)
• Judicature (Court of Appeal Rules) Directions r.76

Cases cited (11)

• DFCU Bank Ltd v Dr Anna Persis Nakate (Civil Application No. 29 of 2003)
• Wilson v Church (1879) 12 Ch D 454
• Dr Muhammed Ahmed Kisuule v Greenland Bank Limited (Civil Application No. 7 of 2010)
• Lawrence Musiitwa Kyazze v Eunice Busingye (Civil Application No. 18 of 1990)
• Theodore Ssekikubo v Attorney General (Constitutional Application No. 6 of 2013)
• Gashumba Maniraguha v Sam Nkudiye (Civil Application No. 24 of 2015)
• Horizon Coaches Limited v Mbarara Municipal Council (Civil Appeal No. 7 of 2014)
• Choice Investments Ltd v Jeromnimon (Midland Bank Ltd, Garnishee) [1981] 1 All ER 225
• Pritchard v Westminster Bank Ltd [1969] 1 All ER 999
• Rainbow v Moorgate Properties Ltd [1975] 2 All ER 821
• Joachimson v Swiss Bank Corpn [1921] 3 KB 110

Cases citing this judgment (8)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Coil Limited and Another v Attorney General and I&M Bank (U) Limited (Miscellaneous Application No. I95 of 2025)
• Kampala International University Limited v Housing Finance Company Limited (Civil Application 153 of 2025)
• Hon. Hajji Mohammed Kato Katoto v Justus Kyabahwa (Civil Application No. 1168 of 2023)
• DFCU Bank v Balikudembe Market Stalls,Space and Lock Up Shops Owners Association Limited (Miscellaneous Application No. 1051 of 2021)
• China Henan International Cooperation Group Company Limited vs Justus Kyabahwa (Miscellaneous Civil Application No. 815 of 2022)
• China Henan International Cooperation Group Co. Ltd v Justus Kyabahwa (Miscellaneous Application No. 815 of 2022)
• China Henan International Cooperation Group Co. Ltd v Kyabahwa (Civil Application 30 of 2021)
• China Henan International Corporation Group Company Limited v Kyabahwa (Civil Application No. 101 of 2020)

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