Wakilii

Kabirisa and 3 Others v Katsigazi and 2 Others [2021] UGCA 221

Court of Appeal · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application before a single Justice of the Court of Appeal for an interim order of stay of execution pending hearing of a substantive application for stay of execution.
Decision
Interim order of stay of execution granted pending disposal of the substantive application for stay of execution.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A single Justice of the Court of Appeal granted an interim order of stay of execution of the High Court judgment and decree in consolidated Civil Suits Nos. 12 and 34 of 2016, pending disposal of the substantive application for stay (Miscellaneous Application No. 275 of 2021). Applying the test in Hwang Sung Industries and Kisuule, the court held it sufficed to show that a notice of appeal had been lodged, that a substantive application was pending, and that there was a serious threat of execution. A warrant of attachment for 62 cows and vacant possession of land had been issued, evidencing imminent execution. The court ordered the substantive application be fixed within 21 days and that costs abide its outcome.

Outcome

Interim order of stay of execution granted pending disposal of the substantive application for stay of execution.

Facts

The applicants were defendants in consolidated Civil Suits Nos. 12 and 34 of 2016, in which the High Court (Kazibwe Kawumi, J) nullified their distribution of land and 62 cows that did not form part of the estate of the late Semu Bazirakakye, finding the distribution of 62 cows belonging to the second respondent illegal. The applicants appealed (Civil Appeal No. 273 of 2019) and obtained an interim and substantive stay (Miscellaneous Applications Nos. 55 and 56 of 2019) on condition of depositing UGX 50,000,000 as security within 15 days. They applied for review (Miscellaneous Application No. 81 of 2020), offering only UGX 10,000,000; this was dismissed with costs. The respondents obtained a warrant for vacant possession of land at Kyafoora and handing over of the 62 cows. The applicants then sought this interim stay pending the hearing of a substantive application (Miscellaneous Application No. 275 of 2021). The respondents alleged the applicants were selling off the cows in bad faith.

Issues

  1. Whether the applicants satisfied the conditions for the grant of an interim order of stay of execution pending the hearing of a substantive application for stay of execution.

Orders

  • An interim order of stay of execution of the orders in HCCS Nos. 012 & 034 of 2016 is issued pending the disposal of Miscellaneous Application No. 275 of 2021 or until further orders of the Court.
  • The registrar is directed to fix Miscellaneous Application No. 275 of 2021 for hearing within the next 21 days.
  • The costs of this application shall abide the outcome of the substantive application for stay of execution.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for an interim order of stay pending a substantive application
For an interim order of stay of execution, it suffices for the applicant to show that a notice of appeal has been lodged, that a substantive application for stay is pending, and that there is a serious threat of execution before the hearing of that pending substantive application.
Civil Procedure — Stay of Execution — Threat of execution established by a warrant of attachment
An issued warrant of attachment of property and for vacant possession constitutes evidence of an imminent threat of execution sufficient to support the grant of an interim order of stay of execution.

Legislation cited (2)

  • Rules of the Court of Appeal Rule 6(2)(b)
  • Rules of the Court of Appeal Rule 2(2)

Cases cited (3)

  • Makula International V Cardinal Nsubuga (1982) HCB 11
  • Hwang Sung Industries Ltd v Tajdin Hussein and 2 Others (Civil Application No. 19 of 2008)
  • Dr. Ahmed Muhammed Kisuule v Greenland Bank (In Liquidation) (Miscellaneous Application No. 7 of 2010)

Full judgment

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

Kabirisa and 3 Others v Katsigazi and 2 Others 2021 UGCA 221 (6 December 2021)
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.