Wakilii

Ddamulira v Statewide Insurance Company Limited and Another (Miscellaneous Application 853 of 2025)

High Court · [2025] UGHCLD 141 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim stay of execution pending appeal to the Court of Appeal
Decision
Interim stay of execution granted pending hearing of substantive application for stay

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an interim stay of execution pending the hearing of the substantive application for stay. The court found that the applicant had satisfied all three conditions: a notice of appeal had been filed, a substantive application for stay was pending, and there was a serious threat of execution evidenced by the removal of the applicant's caveat, transfer of the suit land to the second respondent, and commencement of taxation proceedings. Each party was ordered to bear their own costs.

Outcome

Interim stay of execution granted pending hearing of substantive application for stay

Facts

The applicant was the unsuccessful party in Civil Suit No. 607 of 2020, with judgment and decree issued on 20 November 2024. He filed a notice of appeal on 23 September 2024 and subsequently filed Civil Appeal No. 114 of 2025 in the Court of Appeal. The applicant lodged a caveat on the suit land on 11 December 2024 to protect his interest after an earlier caveat was removed on 29 November 2024. The second respondent had already transferred the suit land into his names. The applicant was served with Miscellaneous Cause No. 20 of 2025 seeking removal of the caveat and with Taxation Application No. 0008 of 2025 for costs. The applicant filed Miscellaneous Application No. 709 of 2025 for stay of execution and the present application for interim stay pending hearing of the substantive application.

Issues

  1. Whether the application discloses sufficient grounds for grant of an interim stay of execution.

Orders

  • An interim order of stay of execution is granted staying the judgment and decree in Civil Suit No. 607 of 2020 until the final disposal of Miscellaneous Application No. 709 of 2025.
  • Each party shall bear their own costs.

Rules and key headnotes

Civil Procedure — Stay of Execution — Interim Stay — Conditions for Grant
For an application for interim stay of execution to succeed, three conditions must be satisfied: (1) a notice of appeal must have been filed, (2) a substantive application for stay of execution must be pending, and (3) there must be a serious threat of execution before the hearing of the substantive application.
Civil Procedure — Stay of Execution — Threat of Execution — What Constitutes
Execution signifies the obtaining of actual possession of anything acquired by judgment of law. A threat of execution is demonstrated where a decree ordering removal of a caveat has been executed, the suit land has been transferred to the successful party, and taxation proceedings for costs have been commenced.
Civil Procedure — Stay of Execution — Interim Stay — Discretion of Court
An interim order for stay of execution should not be granted as a matter of course, but the discretion to grant or deny such an order must be exercised judiciously. Where all conditions for grant are satisfied, the court has no reason to deny the application.

Legislation cited (4)

Cases cited (4)

  • China Hwan International Cooperation Group Company Limited v Justice Kyabatwaa (Civil Appeal No. 30 of 2019)
  • Zubeda Mohammad and Anor Vs Lailah Kaka Wallia and Anor
  • Patrick Kaumba v Ismall Dabule (Supreme Court Civil Appeal No. 3 of 2018)
  • Hwang Sung Industries Ltd v Tajdin Hussein and Others (Supreme Court Civil Appeal No. 19 of 2008)

Full judgment

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

Ddamulira_v_Statewide_Insurance_Company_Limited_and_Another_(Miscellaneous_Application_853_of_2025)_[2025]_UGHCLD_141_(17_July_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.