Kabagambe and 2 Others v Kekibuga Ntungwa (Miscellaneous Application No. 110 of 2020)

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

An application for stay of execution pending appeal must be supported by a valid and competent appeal. Where a notice of appeal is filed out of time without prior leave to appeal, there is no competent appeal pending. The existence of a competent appeal is a mandatory requirement and vests the applicant with locus to apply for stay of execution. A subsequent application for extension of time cannot retrospectively validate an earlier application for stay filed when no valid appeal existed. Application dismissed.

Outcome

Application for stay of execution dismissed; related application for interim stay dismissed as overtaken by events

Facts

Judgment was delivered in Civil Suit No. 0046 of 2021 on 14 September 2022. The applicants filed a notice of appeal on 10 October 2022, 26 days after judgment, which was out of the 14-day statutory period. On 17 November 2022, the applicants filed this application seeking stay of execution of the decree pending determination of their intended appeal to the Court of Appeal. On 17 February 2023, the applicants filed a separate application (Misc. Appln. No. 007 of 2023) seeking extension of time to appeal out of time. The respondent opposed the stay application, arguing that the notice of appeal was filed out of time without leave, rendering the stay application incompetent. The respondent also contended that distribution of the estate had already occurred and beneficiaries had taken possession of their shares.

Issues

1. Whether the affidavit in support of the application is incurably defective.
2. Whether the application for stay of execution should be granted.

Orders

• HCT-01-CV-MA 0110 of 2022 dismissed with costs awarded to the Respondent.
• HCT-01-CV-MA 0111 of 2022 dismissed as overtaken by events.

Rules and key headnotes

Legislation cited (8)

• Civil Procedure Rules Order 1 rule 12
• Civil Procedure Rules Order 43 rule 3
• Civil Procedure Rules Order 43 rule 4(3)
• Civil Procedure Rules Order 52 rules 1 and 2
• Civil Procedure Rules Rule 76
• Court of Appeal Rules Rule 72
• Judicature Act s.33
• Civil Procedure Act s.98

Cases cited (10)

• Walusimbi Mustafa v Musenze Lukia (Miscellaneous Application No. 232 of 2018)
• Lawrence Musiitwa Kyazze v Eunice Busingye (Supreme Court Civil Appeal No. 18 of 1990)
• Kaheru Yasin and Another v Zinorumuri David (Miscellaneous Application No. 82 of 2017)
• Taremwa Kamishani and Others v Attorney General (Miscellaneous Application No. 38 of 2012)
• Kaingana v Dabo Boubon [1986] HCB 59
• Esemu Nicholas and Another v Mwitanirwa Charles (Miscellaneous Application No. 952 of 2020)
• Erin Properties Ltd Vs. Cheshire County Council, (1974) 2 ALLER 448
• Dr. Ahmed Muhammed Kisule v Greenland Bank (in Liquidation) (Supreme Court Civil Application No. 7 of 2010)
• Kyambogo University v Prof. Isiah Omolo Ndiege (Court of Appeal Civil Appeal No. 341 of 2013)
• Shell (U) Ltd v Captain Naem Shair Chaudry (Court of Appeal Civil Appeal No. 32 of 2012)

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.

• Nakitto Eva Kasule v Painento Semalulu (Miscellaneous Application 381 of 2024)

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