Wakilii

Fortportal city Council v Mali and 14 Others (HCT-01-CV-MA 113 of 2023)

High Court · [2024] UGHC 99 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of decree pending appeal to the Court of Appeal
Decision
Stay of execution granted pending determination of appeal; execution warrant stayed; attached vehicle ordered released to applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court has jurisdiction to hear applications for stay of execution pending appeal to the Court of Appeal. A local government entity represented by the Attorney General is not required to deposit security for costs under Order 43 rule 6 of the Civil Procedure Rules. Where substantial loss will result from execution of a decree, the applicant has lodged a timely notice of appeal, and there is imminent threat of execution, a stay should be granted.

Outcome

Stay of execution granted pending determination of appeal; execution warrant stayed; attached vehicle ordered released to applicant

Facts

Judgment was delivered in HCT-01-CV-CS No. 12 of 2011 in favour of the Respondents. A bill of costs was taxed and consented to by the parties at UGX 300,000,000. The applicant paid UGX 92,000,000 in installments but subsequently defaulted. The applicant lodged a notice of appeal against the judgment on 13 October 2020. On 30 November 2023, the Respondents obtained a warrant of attachment and sale of the applicant's movable properties including a garbage truck, double cabin pickup, office furniture and equipment. The warrant was advertised in the Daily Monitor on 5 December 2023 with sale slated for 20 December 2023. One vehicle was already attached and held by police. The applicant filed this application for stay of execution on 14 December 2023.

Issues

  1. Whether the current application is proper before this Court.
  2. Whether an order of stay of execution of the decree in Civil Suit No. 0012 of 2011 should be granted.

Orders

  • An order doth issue staying the execution of the decrees and orders in HCT-01-CV-CS-0012 of 2011, Mali John and 14 others versus Fort Portal Municipal Council pending the determination of the appeal arising therefrom in the Court of Appeal.
  • An order doth issue staying the execution of the Warrant of Attachment and Sale of Movable Property in execution issued on 30th November 2023 in HCT-01-CV-CS-0012 of 2011.
  • In the interests of continued service delivery by the applicant, the Police is hereby ordered to immediately hand over to the applicant's Town Clerk, motor vehicle Reg. No. LG 0010-116 Pick-up Double Cabin that is presently packed at Fort-portal Central Police Station.
  • The applicant is directed to immediately take all the necessary practical steps leading to the expeditious disposal of the appeal.
  • The costs of this Application shall abide the outcome of the appeal in the Court of Appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution — Jurisdiction — High Court Powers Pending Appeal to Court of Appeal
An application for stay of execution pending appeal to the Court of Appeal must first be filed in the High Court. It is only when the High Court refuses to grant the stay or where it doubts its jurisdiction or where the disposal of such an application in the High Court would entail substantial delay that an application would be brought first in the Court of Appeal.
Civil Procedure — Stay of Execution — Notice of Appeal as Commencement of Appeal
An appeal against a decision of the High Court to the Court of Appeal is commenced by way of a notice of appeal. Once a party lodges a notice of appeal within 14 days from the date of the decision, an appeal is deemed to have been competently filed in the Court of Appeal. A notice of appeal is a sufficient expression of an intention to file an appeal and is sufficient to found the basis for grant of orders of stay in appropriate cases.
Civil Procedure — Stay of Execution — Substantial Loss — Meaning and Application
Substantial loss for purposes of stay of execution need not be determined by a mathematical formula whose computation yields any particular amount. Substantial loss means any loss great or small of real worth or value as distinguished from a loss that is merely nominal, and includes substantial inconvenience that a party may be subjected to.
Civil Procedure — Stay of Execution — Security for Costs — Government Entities Exempt
Under Order 43 rule 6 of the Civil Procedure Rules, no security for costs is required from Government or where the Government has undertaken the defence of the suit or from any public officer sued in respect of an act alleged to be done in an official capacity. A local government entity whose resource envelope is derived from prior budget and budgetary allocation from Central Government is not required to deposit security for costs as a condition for stay of execution.
Administrative Law — Local Government — Service Delivery — Protection of Public Interest in Stay Applications
Where execution of a decree would deprive a local government entity of essential equipment necessary for service delivery to the public, including vehicles for garbage collection and sanitation services, and office furniture and equipment necessary for administrative operations, a court should consider the impact on public service delivery and the public interest when determining whether to grant a stay of execution.

Legislation cited (13)

Cases cited (16)

  • Lawrence Musiitwa Kyazze v Eunice Businge (Supreme Court Civil Application No. 18 of 1990)
  • Hon Theodore Ssekikubo and Others v The Attorney General and Others (Constitutional Application No. 3 of 2014)
  • Tropical Commodities Supplies Ltd and 2 Others v International Credit Bank Ltd (in Liquidation) [2004] 2 EA 331
  • Kyambogo University v Prof Isiah Omolo Ndiege (Court of Appeal Civil Appeal No. 341 of 2013)
  • National Enterprise Corporation v Mukisa Foods (Miscellaneous Application No. 7 of 1998)
  • Makula International Ltd v Cardinal Nsubuga Wamala [1982] HCB 24
  • Gapco Uganda Ltd v Kaweesa and Another (Miscellaneous Application No. 259 of 2013)
  • PK Sengendo v Busulwa Lawrence and Another (Court of Appeal Civil Application No. 207 of 2014)
  • Dr Ahmed Muhammed Kisule v Greenland Bank (in Liquidation) (Supreme Court Civil Application No. 7 of 2010)
  • Attorney General of the Republic of Uganda v The East African Law Society and Another (EACA Application No. 1 of 2013)
  • Equity Bank Uganda Ltd v Nicholas Were (Miscellaneous Application No. 604 of 2013)
  • Shem Mpanga Mukasa and Another v Kizza Clessy Barya (Miscellaneous Application No. 479 of 2021)
  • Kisaalu Joseph and 10 Others v Nakintu May and Another (Miscellaneous Application No. 105 of 2020)
  • DFCU Bank Ltd v Dr Ann Persis Nakate Lussejere (Court of Appeal Civil Appeal No. 29 of 2003)
  • Amon Bazira v Maurice Pater Kagimu (Land Division Miscellaneous Application No. 1138 of 2016)
  • The New Vision Publishing Corporation and 2 Others v Peter Kaggwa (High Court Miscellaneous Application No. 127 of 2006)

Full judgment

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Fortportal city Council v Mali and 14 Others (HCT-01-CV-MA 113 of 2023) [2024] UGHC 99 (30 January 2024)
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.