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Decon Investments (U) Ltd and Kids of Africa Swiss African Children's Village v Buluno Serunkuma (Miscellaneous Application No. 442 of 2024)

High Court · [2025] UGHCLD 232 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of proceedings pending appeal to the Court of Appeal from a ruling setting aside a consent decree
Decision
Application for stay of proceedings dismissed; main suit to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for stay of proceedings pending appeal. The court held that while a competent notice of appeal had been filed, the appeal itself was incompetent because the applicants failed to file a memorandum of appeal within the prescribed sixty-day period despite having all necessary documentation available on ECCMIS. The court found the applicants guilty of dilatory conduct and deemed the appeal withdrawn under Rule 84 of the Court of Appeal Rules. The court further held that no special or exceptional circumstances existed to warrant a stay, as the issues raised could be addressed in the pending main suit and related proceedings.

Outcome

Application for stay of proceedings dismissed; main suit to proceed

Facts

The applicants sought to stay proceedings in Civil Suit No. 3037 of 2016 pending appeal to the Court of Appeal. The underlying suit concerned lease agreements over land in Busiro Block 429 Plots 26 and 27. On 11 July 2017, the parties executed a consent decree wherein the respondent recognized the validity of the second applicant's leasehold interest and withdrew all claims. The respondent subsequently filed an application to set aside the consent decree on grounds that he was illiterate and the decree violated the Illiterates Protection Act. On 10 November 2023, the High Court set aside the consent decree, finding no evidence that the illiterate respondent was present when the decree was endorsed or that its terms were explained to him. The applicants filed a notice of appeal on 16 November 2023 but failed to file a memorandum of appeal within the prescribed sixty-day period. The applicants claimed they were awaiting certified copies of proceedings, but the court found all necessary documentation had been available on ECCMIS since September and November 2023.

Issues

  1. Whether the proceedings in Civil Suit No. 3037 of 2016 should be stayed pending the determination of the applicants' appeal in the Court of Appeal.
  2. Whether there is a competent notice of appeal.
  3. Whether there is a valid and competent pending appeal.
  4. Whether the appeal is not frivolous and has a likelihood of success.
  5. Whether there are special and exceptional circumstances warranting the grant of a stay of proceedings.

Orders

  • This application is dismissed.
  • Costs are awarded to the respondent.

Rules and key headnotes

Civil Procedure — Stay of Proceedings — Requirements for Grant — Competent Pending Appeal
For a stay of proceedings pending appeal to be granted, the applicant must demonstrate the existence of a valid and competent pending appeal, which requires not only filing a notice of appeal but also filing a memorandum of appeal, record of appeal, prescribed fees, and security for costs within sixty days of lodging the notice of appeal.
Civil Procedure — Appeals — Deemed Withdrawal — Failure to Institute Within Prescribed Time
Where a party who has lodged a notice of appeal fails to institute an appeal by filing a memorandum of appeal within the prescribed sixty-day period under Rule 83 of the Judicature (Court of Appeal Rules) Directions, the party is deemed to have withdrawn the notice of appeal under Rule 84, rendering the appeal incompetent.
Civil Procedure — Dilatory Conduct — Availability of Court Records on ECCMIS
Where all necessary court records including typed proceedings and rulings are available on the Electronic Court Case Management Information System (ECCMIS), an intending appellant cannot excuse failure to file a memorandum of appeal on grounds of awaiting certified copies from the Registrar, and such failure constitutes dilatory conduct.
Civil Procedure — Stay of Proceedings — Special and Exceptional Circumstances
A stay of proceedings is granted sparingly and only in exceptional circumstances to prevent undue prejudice or abuse of court process. Where issues raised by an applicant can be adequately addressed in the pending main suit on its merits, no special or exceptional circumstances exist to warrant a stay.

Legislation cited (11)

Cases cited (13)

  • Ramgarhia Sikh Society and Others v The Ramgarhia Sikh Education Society Ltd (Miscellaneous Application No. 352 of 2015)
  • Stop and See (U) Ltd v Tropical Africa Bank Ltd (Miscellaneous Application No. 333 of 2010)
  • Bivac International SA (Bureau Veritas) [2006] EA 26
  • Joseph Gitahi Gachau & Anor versus Pioneer Holdings (A) & Ors
  • Junaco (T) Limited v DFCU Bank Limited (Miscellaneous Application No. 27 of 2023)
  • Turbo Highway Eldoret Limited versus Muniu Civil Appeal E040 of 2021
  • Ruth Asiimwe Kanyarufu v Hon. Namara Grace (Civil Appeal No. 168 of 2012)
  • Wanyaka Samuel Hexley v Uganda IGG (Supreme Court Miscellaneous Application No. 18 of 2020)
  • R Versus Ajit Singh s/o Vir Singh [1957] EA 822
  • Formular Feeds Limited v KCB Bank Ltd (Miscellaneous Application No. 1647 of 2022)
  • Commissioner Customs Uganda Revenue Authority v Kayimba (Civil Appeal No. 62 of 2014)
  • Silverstein versus Chesoni [2002] 1 EA 296
  • Uganda Revenue Authority v John Imaniraguha (Miscellaneous Application No. 860 of 2023)

Full judgment

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

Decon_Investments_(U)_Ltd_and_Kids_of_Africa_Swiss_African_Children's_Village_v_Buluno_Serunkuma_(Miscellaneous_Application_No._442_of_2024)_[2025]_UGHCLD_232_(3_September_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.