DFCU Bank Ltd v Ann Persis Nakate Lusejjere (Miscellaneous Application 78 of 2003)

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

Held that the applicant failed to demonstrate good cause and special circumstances justifying a stay of execution. The applicant did not show the chances of success on appeal, did not prove the respondent would be unable to satisfy any judgment if the appeal succeeded, and did not rebut evidence that retaining the title would harm the respondent's ability to secure tenants. Application dismissed with costs.

Outcome

Application for stay of execution dismissed

Facts

The respondent mortgaged property on LRV 684 Folio 12 at Ntinda to Gold Trust Bank Ltd to secure a loan of Shs. 80 million to A.V. Enterprises. Gold Trust Bank Ltd was later sold to the applicant DFCU Bank Ltd. When the applicant sought to exercise its right of sale, the respondent filed Civil Suit No. 242 of 2002 claiming the applicant had no evidence that money was released to A.V. Enterprises. The applicant counter-claimed Shs. 35 million allegedly owing under the mortgage. Court decided the suit in favour of the respondent, ordering discharge of the mortgage and return of title deeds. The applicant appealed to the Court of Appeal and applied for stay of execution pending appeal.

Issues

1. Whether the applicant satisfied the requirements for granting a stay of execution pending appeal.
2. Whether the applicant demonstrated good cause and special circumstances justifying the grant of a stay of execution.

Orders

• Application dismissed with costs.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Rules Order 48 rule 1
• Civil Procedure Rules Order 48 rule 3
• Civil Procedure Act s.101

Cases cited (3)

• Somali Democratic Republic v A.S. Treon (Civil Application No. 11 of 1988)
• Neanea v Kimani [1959] E.A. 69
• Iddi Halfani v Hamisi Binti Althumani [1962] E.A. 761

Cases citing this judgment (1)

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.

• DFCU Bank Limited v Ann Persis Nakate Lussejjere (Misc.App.No.78 Of 2003) (Misc.App.No.78 of 2003)

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