Gashumba Maniraguha v Sam Nkudiye (Civil application No. 24 of 2015)
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.
AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
The Court granted a stay of execution pending the applicant's intended third appeal. Although the applicant had not obtained the certificate of importance required by section 6(2) of the Judicature Act, the absence of the certificate did not render the appeal incompetent at this stage, because under rules 40(1) and 72(4) it need not be obtained before lodging the notice of appeal, and the applicant could still apply for extension of time. The intended appeal raised the substantial question of res judicata and was not frivolous; execution was incomplete as a permanent house remained standing, so substantial loss would result; and the application was made without undue delay. Kisule (requiring leave before appeal) was distinguished.
Outcome
Application granted; execution of the Court of Appeal judgment stayed on conditions pending determination of the appeal
Facts
The dispute concerned land at Rugarama, Ndorwa, Kabale. In 1981 Ernesta Kashumba (Gashumba) sued Kosea Nkundiye for trespass, claiming his mother had acquired the land from a church mission in 1933 and that he had inherited it in 1975. Nkundiye claimed lawful ownership through the Muluka chief, asserting he had compassionately allowed Gashumba's mother to live there. A Grade 1 Magistrate gave judgment for Gashumba, but on appeal Katutsi J of the High Court allowed Nkundiye's appeal on 12 May 2004. Both original parties died and their estate administrators, the present parties, continued the dispute. The Court of Appeal dismissed Gashumba's Civil Appeal No. 23 of 2005 on 21 February 2014. He filed a notice of appeal to the Supreme Court and sought to stay execution of the Court of Appeal judgment, contending execution would render his appeal nugatory as his livelihood depended on the land where his permanent home still stood.
Issues
- Whether the applicant established grounds for an order staying execution of the Court of Appeal judgment pending his appeal to the Supreme Court.
- Whether the applicant's failure to obtain a certificate of importance under section 6(2) of the Judicature Act for a third appeal defeats the likelihood of success of his intended appeal.
- Whether the costs of the application should be provided for.
Orders
- The judgment and decree in Civil Appeal No. 23 of 2005 is hereby stayed until disposal of the applicant's appeal or until further orders.
- The applicant shall lodge the application for the certificate of importance in the Court of Appeal within fifteen (15) days from the date of this order.
- If fifteen (15) days lapse without the applicant lodging the application, the stay of execution shall lapse automatically.
- The costs of this application shall abide the outcome of the appeal.
Rules and key headnotes
Legislation cited (10)
- Judicature Act (Cap 13) s.6(2)
- Supreme Court Rules r.6(2)(b)
- Supreme Court Rules r.42
- Supreme Court Rules r.72
- Supreme Court Rules r.40(1)
- Supreme Court Rules r.72(4)
- Supreme Court Rules r.39(1)
- Supreme Court Rules r.83(1)
- Supreme Court Rules r.83(2)(h)
- Civil Procedure Rules Order 44 r.2
Cases cited (4)
- Dr. Ahmed Mohammad Kisule v Greenland Bank (In Liquidation) (Civil Appeal No. 7 of 2010)
- Lawrence Musitwa Kyazze v Eunice Busingye (Civil Application No. 18 of 1990)
- Hwang Sung Industries Ltd v Tajdin Hussein & Ors (Civil Application No. 19 of 2008)
- Hon. Theodore Ssekikubo & Others v Attorney General and Another (Constitutional Application No. 6 of 2013)
Cases citing this judgment (30)
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.
- Ruyombana v Mwesige Kyamuresire and Another (HCT-01-LD-MA-0012-2026)
- Summit Projekt Ltd v Ndiyo Holdings Ltd (Miscellaneous Application 166 of 2026)
- M/S Mukono Bookshop Printing & Publishing Co. Ltd v Magdalene Lamwaka (Miscellaneous Application No. 845 of 2025)
- Makerere University Business Owners' Association v Makerere University (Consolidated Misc. Application No. 879 & 935 of 2023)
- Robert Owamani and 5 Others v Attorney Uganda (Miscellaneous Appeal No. 0020 of 2024)
- Towerco of Africa Uganda Ltd v Goldmine Finance Limited (Miscellaneous Application No. 3019 of 2025) applied
- Karungi Elizabeth v Kkingo Parents Transporters Co. Ltd (Miscellaneous Application 55 of 2025)
- Apollo Mushabe v Mutumba Ismael and Another (Miscellaneous Application No. 225 of 2025) followed
- Byensi Jameson v Amos Mandela (Miscellaneous Application 801 of 2024)
- Kyejusa Henry and Another v Placid Maria Ssekamate and Others (Civil Application No. 662 of 2024)
- Joyce Loumo Choudry v Musinguzi Henry Bitature and Another (Civil Application No. 406 of 2025)
- Tusubira Wilberforce v Mukwaya Edward (Miscellaneous Application No. 3378 of 2024)
- Performance Furnishings (U) Ltd v Executive Investments (Civil Application No. 349 of 2025)
- Marwa Properties Ltd v Mary Zawedde Mulira and Others (Miscellaneous Application 278 of 2025)
- Francis Magambe Byaruhanga v Lule Edward Mutimba Desh and Others (Miscellaneous Appeal No 37 of 2025)
- Roko Construction Limited v Pramukh Steel Limited (Civil Application No. 275 of 2025)
- Namatovu Ramula and Others v Modern Electronics Limited (Miscellaneous Application No. 1108 of 2025)
- Airtel Uganda Limited v Garfield Spence a.k.a. Konshens & Mtech Limited (Civil Application 458 of 2024)
- Kampala International University Limited v Housing Finance Company Limited (Civil Application 153 of 2025)
- John Ddamulira v Rogers Serunjogi and Fausta Serunjogi (Civil Application No. 1200 of 2023)
- Lachen Investiment Limited and Others v The Onwers Of Condominium Plan No. 0031 and 3 Others (Miscellaneous Application 473 of 2025)
- Ainomugisha v Nkabahita (Miscellaneous Application 555 of 2023)
- Kafu Sugar Limited & Another v Kiryandongo Sugar Limited & Another (Civil Application 607 of 2024)
- Jomayi Property Consultants Limited v NC Bank Uganda Limited (Civil Application 285 of 2024)
- Okumu & 2 Others v Uganda Electricity Transmission Co. Limited (Miscellaneous Application 60 of 2021)
- Okumu and 2 Others v Uganda Electricity Transmission Company Limited (Miscellaneous Application 60 of 2021)
- Odaga v Onegu (Civil Application 11 of 2023)
- Ssempereza v Mukasa and Another (Civil Application 255 of 2024)
- Misaki v Musiime (Civil Application 147 of 2024)
- Ddamulira v Serunjogi and Another (Civil Application 1200 of 2023)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.