Cornerstone Community Ministries and Another v Kalemera [2025] UGHC 244
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application for stay of execution pending appeal. The court held that the applicants failed to demonstrate that their appeal had a likelihood of success, which is the most important consideration in applications for stay of execution. The application was dismissed with costs.
Outcome
Application dismissed with costs
Facts
The applicants sought a stay of execution of a judgment arising from Civil Suit No. 785 of 2017 pending their appeal. The application was brought under Section 33 of the Judicature Act, Section 98 of the Civil Procedure Act, and Order 52 rules 1 and 2 of the Civil Procedure Rules. The respondent opposed the application on the ground that the applicants had not demonstrated that their appeal had a likelihood of success or that they would suffer irreparable damage if the application was denied. The applicants' counsel focused on the argument that the pending appeal would be rendered nugatory if the stay was not granted.
Issues
- Whether the applicants demonstrated that their appeal has a likelihood of success.
- Whether the applicants will suffer irreparable damage if the stay of execution is not granted.
- Whether the balance of convenience favours granting a stay of execution.
Orders
- Application for stay of execution dismissed.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (3)
Cases cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.