Wakilii

Falcon Estates Co. Ltd and Another v Hussein Bukenya and Others (Miscellaneous Application 112 of 2022)

High Court · [2025] UGHCCD 78 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judgment pending appeal, arising from Civil Suit No. 93 of 2017
Decision
Stay of execution granted pending appeal to the Court of Appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application for stay of execution pending appeal. The court held that the applicants satisfied the majority of essential requirements under Order 43 Rule 4 of the Civil Procedure Rules: they had filed a notice of appeal and memorandum of appeal showing arguable grounds; the appeal had a realistic chance of success; and although no imminent threat of execution was proven, an interim order was already in place suggesting sufficient basis for concern. The court balanced the need to preserve the status quo pending appeal against the respondent's right to execute the decree, and found in favour of granting the stay despite the applicants not furnishing security.

Outcome

Stay of execution granted pending appeal to the Court of Appeal

Facts

The applicants brought an application for stay of execution of a High Court judgment delivered electronically on 21 February 2022 in Civil Suit No. 93 of 2017. The underlying suit involved a negligence claim where the applicants' lorry was knocked from behind while stationary on the Gulu-Kampala highway. The High Court dismissed the applicants' counterclaim and awarded special damages, general damages and costs to the respondents. The applicants filed a notice of appeal on 24 February 2022 and a memorandum of appeal on 17 March 2022. An interim order of stay was granted on 14 July 2023. The application was heard on 16 June 2025 in the absence of the respondents, who had been notified through ECCMIS but did not appear.

Issues

  1. Whether the Applicants have satisfied all grounds to warrant the grant of an order for stay of execution pending appeal.

Orders

  • Execution of the judgment and decree of the High Court delivered electronically on 21st February 2022 is hereby stayed pending the hearing and determination of the intended appeal.
  • No orders are made as to costs.

Rules and key headnotes

Civil Procedure — Stay of Execution — Requirements for Grant
An application for stay of execution pending appeal is designed to preserve the subject matter in dispute so that the rights of an appellant exercising the undoubted right of appeal are safeguarded and the appeal, if successful, is not rendered nugatory.
Civil Procedure — Stay of Execution — Conditions Under Order 43 Rule 4(3)
Before allowing an application to stay execution, the court must consider whether substantial loss may result to the applicant unless the order is made; whether the application has been made without unreasonable delay; and whether security has been given by the applicant for due performance of the decree or order as may ultimately be binding.
Civil Procedure — Stay of Execution — Arguable Appeal
The court must be satisfied that the prospects of the appeal succeeding are not remote but that there is a realistic chance of succeeding. More is required to be established than that there is a mere possibility of success. There should be a sound, rational basis, founded on the facts and the law and a measure of certainty justifying the conclusion that the appellate court will differ from the court whose judgment has been appealed against.
Civil Procedure — Stay of Execution — Imminent Threat of Execution
Imminent threat of execution means a condition that is reasonably certain to place the applicant's interests in direct peril and is immediate and impending. An order of stay will issue only if there is actual or presently threatened execution. There must be unequivocal evidence showing that unconditional steps conveying a gravity of purpose and imminent prospect of execution have been taken by the respondent, such as extracting the decree, presenting and having a bill of costs taxed, applying for issuance of a warrant of execution, or issuing a notice to show cause why execution should not issue.
Civil Procedure — Stay of Execution — Security for Due Performance
In granting an order of stay of execution pending an appeal, the court has to balance the need to uphold the respondent's right to be protected from the risk that the appellant may not be able to satisfy the decree, with the appellant's right to access the courts. The requirement to furnish security does not operate as an absolute clog on the discretion of the court, and the court may grant a stay without security in appropriate cases, particularly in uncontested applications where the applicant is a distinct entity capable of furnishing costs if the appeal fails.

Legislation cited (6)

Cases cited (9)

  • Wilson v Church (1879) 12 Ch D 454
  • Global Capital 2004 Ltd and Another v Alice Okiror and Another (HCMA No. 485 of 2012)
  • Lawrence Musiitwa Kyozze v Eunice Busingye (SCCA No. 18 of 1990)
  • Francis M Micah v Nuwa Walokiro (1992-93) HCB 58
  • Theodore Ssekikubo and Others v Attorney General and Another (Constitutional Application No. 6 of 2013)
  • Nalwoga v Edco Ltd and Another (MA No. 7 of 2013)
  • Attorney General of Uganda v East African Law Society and Another (EACA Application No. 1 of 2013)
  • Junoco (T) Limited and 2 Others v DFCU Bank Ltd (Miscellaneous Application No. 27 of 2023)
  • Kyambogo University v Prof Isaiah Omolo Ndiege (Court of Appeal Civil Application No. 341 of 2013)

Full judgment

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

Falcon Estates Co. Ltd and Another v Hussein Bukenya and Others (Miscellaneous Application 112 of 2022) [2025] UGHCCD 78 (20 June 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.