Wakilii

Dr Asaba George and Another v Mbabazi Percy and Another [2026] UGHCLD 230

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by chamber summons for stay of execution pending appeal and for dismissal of execution proceedings against the 2nd applicant
Decision
Conditional stay of execution granted pending Civil Appeal No. 229 of 2025 on deposit of UGX 100,000,000 as security; execution proceedings against the 2nd applicant personally struck out

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Holding

The court held that an amendment of pleadings made without leave is not automatically a nullity; a party who responds substantively to the amendment instead of applying under Order 6 rule 22 of the Civil Procedure Rules to disallow it suffers no prejudice. On the merits, the applicants showed an arguable appeal, a real risk of substantial loss from pending execution seeking civil imprisonment, and no unreasonable delay, so a conditional stay was granted on deposit of UGX 100,000,000 as security; part payment already made under the consent judgment could not count as security. Applying agency principles, an attorney acting for a fully disclosed principal incurs no personal liability, so execution against the 2nd applicant was struck out.

Outcome

Conditional stay of execution granted pending Civil Appeal No. 229 of 2025 on deposit of UGX 100,000,000 as security; execution proceedings against the 2nd applicant personally struck out

Facts

The respondents sued the 1st applicant in HCCS No. 545 of 2020 over about 15.5 acres comprised in Busiro Block 263 Plot 1730 at Naluvule, Wakiso District. The suit was settled by a consent judgment sealed in March 2024 under which the 1st applicant was to pay UGX 750,000,000; UGX 100,500,000 was paid. The 1st applicant later alleged that portions of the land had undisclosed prior sales to third parties and applied for review in Miscellaneous Application No. 3034 of 2024. On 24 March 2025 the review court varied the consent judgment, reducing the sum payable to UGX 600,000,000 as the assessed value of twelve acres, payable within one week. The 1st applicant filed a notice of appeal on 27 March 2025 and lodged Civil Appeal No. 229 of 2025 challenging the assessment as lacking valuation evidence. While the appeal was pending, the respondents commenced Execution Miscellaneous Application No. 0080/0088 of 2025 to recover UGX 499,500,000, seeking arrest and civil imprisonment of both applicants. The 2nd applicant, who had conducted the litigation as the 1st applicant's attorney under a power of attorney, was joined by amended chamber summons and denied personal liability.

Issues

  1. Whether the amended chamber summons, filed without leave of court, was competently before the court.
  2. Whether the applicants established sufficient grounds for a stay of execution pending determination of Civil Appeal No. 229 of 2025.
  3. Whether the applicants' earlier part payment under the consent judgment could constitute security for due performance of the decree.
  4. Whether execution could lawfully be maintained against the 2nd applicant personally where he acted only as attorney of the 1st applicant.
  5. What remedies were available to the parties.

Orders

  • A stay of execution of the variant order issued in High Court Miscellaneous Application No. 3034 of 2024, and of all consequential execution proceedings arising therefrom, including Execution Miscellaneous Application No. 0088 of 2025, is granted pending determination of Civil Appeal No. 229 of 2025.
  • The stay is conditional upon the 1st applicant depositing UGX 100,000,000 in court as security for due performance of part of the decree within forty-five (45) days from the date of the ruling.
  • In default of compliance with the condition, the stay shall automatically lapse without further order of court.
  • Execution Miscellaneous Application No. 0088 of 2025, insofar as it seeks execution against Rugumayo Seth William in his personal capacity, is struck out.
  • Each party shall bear their own costs.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Amendment Made Without Leave Not Automatically a Nullity
An amendment of pleadings filed without leave of court is not automatically a nullity; the existence of the remedy under Order 6 rule 22 of the Civil Procedure Rules, permitting a dissatisfied party to apply for the amendment to be disallowed, shows that the validity of such an amendment is a matter for judicial determination.
Civil Procedure — Amendment of Pleadings — Prejudice as the Governing Consideration
The law of amendment is ultimately concerned with prejudice, so a party who responds fully to an amended case by affidavit and submissions, rather than applying to have the amendment disallowed, cannot complain that the amendment deprived it of a fair opportunity to present its case.
Civil Procedure — Stay of Execution Pending Appeal — Arguable Appeal, Substantial Loss and Absence of Delay
On an application under Order 43 rule 4 of the Civil Procedure Rules the court does not assess whether the appeal will succeed but only whether it raises bona fide questions for the appellate court, and a stay may be granted where the applicant also shows a real risk of substantial loss, such as imminent execution by arrest and civil imprisonment, and no unreasonable delay.
Civil Procedure — Stay of Execution — Security for Due Performance — Part Payment of Decree Not Security
A payment made to a decree holder in part performance of a consent judgment is not security for due performance of the decree, since it was neither deposited in court nor furnished in contemplation of a stay; security need not already be furnished before applying for a stay, and the court retains discretion to fix appropriate security as a condition of the stay.
Agency — Disclosed Principal — Attorney Under Power of Attorney Not Personally Liable Under Decree
An agent who contracts or litigates for a fully disclosed principal incurs no personal liability absent an express assumption of liability or other legal basis, and the mere execution of documents and conduct of proceedings under a power of attorney does not convert the attorney into a judgment debtor.
Execution — Persons Against Whom Execution May Issue — Non-Party Attorney
Execution may issue only against a person upon whom the decree imposes liability, and the fact that the true judgment debtor resides outside the jurisdiction cannot create liability in his attorney; execution proceedings brought against such an attorney personally will be struck out.

Legislation cited (13)

Cases cited (10)

  • Gaso Transport Services (Bus) Ltd v Martin Adala Obene (Civil Appeal No. 4 of 1994)
  • Tororo Cement Co. Ltd v Frokina International Co. Ltd (Civil Appeal No. 2 of 2001)
  • Mulowooza & Brothers Ltd v N. Shah Ltd (Civil Appeal No. 26 of 2010)
  • Eastern Bakery v Castelino [1958] EA 462
  • Sekikubo v Attorney General
  • Kyambogo University v Isaah Omolo Ndiege (Civil Application No. 34 of 2014)
  • Ramzanali Mohamed v Kibona Enterprises Ltd
  • Kato v Nalwoga
  • Lawrence Musiitwa Kyazze v Eunice Busingye (Civil Appeal No. 18 of 1990)
  • Godfrey Magezi and Another v Sudhir Ruparelia [2001] UGHC 14

Full judgment

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Dr Asaba George and Another v Mbabazi Percy and Another [2026] UGHCLD 230 (30 June 2026)
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.