Kabugo v Muwonge (Civil Application 210 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On a preliminary objection, the single justice held that the application for an interim stay of execution was barred by res judicata under section 7 of the Civil Procedure Act, because the High Court had already heard and finally determined the stay of execution of the same decree in HCMA No. 248 of 2024. The court further held that, even on the merits, the conditions for an interim stay laid down in Hwan Sung Industries were not met: there was no serious or imminent threat of execution because the decree in HCCS No. 454 of 2014 had largely been executed. The application and the related substantive Civil Application No. 162 of 2024 were dismissed with costs.

Outcome

Application for interim stay of execution dismissed as res judicata; interim order vacated and applicant ordered to surrender the certificate of title

Facts

In May 2013 the respondent sold the applicant land comprised in LRV 1882 Folio 17 Mawokota Block 211-215 Plot 2 at Serinya for UGX 140,000,000. The applicant paid only UGX 47,000,000 and defaulted on the balance of UGX 93,000,000. At execution of the sale agreement the respondent handed the applicant's lawyers the original certificate of title for search and survey. When the balance was not paid, the respondent terminated the agreement and demanded the title; the applicant neither paid nor returned it, prompting HCCS No. 454 of 2014. On 12 January 2024 the High Court declared the sale agreement unenforceable, ordered a refund of monies paid, and directed the applicant to return the certificate of title. The applicant filed a notice of appeal and obtained a conditional stay in HCMA No. 248 of 2024 requiring a deposit of 40% of the land's value, which he failed to pay. The refund was later deposited in court. The applicant then sought an interim stay pending his substantive stay application.

Issues

1. Whether the application for an interim stay of execution is barred by the doctrine of res judicata.
2. Whether the applicant satisfied the conditions for the grant of an interim stay of execution.

Orders

• The interim order vide COA-00-CV-CL-0210-2024 dated 14/6/2024 staying execution of the High Court orders in HCCS No. 454 of 2014 is vacated.
• Miscellaneous Application No. 162 of 2024, the substantive application, is dismissed.
• The applicant is ordered to hand over to the respondent the certificate of title for land comprised in LRV 1882 Folio 17 Mawokota Block 211-215 Plot 2 at Serinya with immediate effect.
• The Registrar of Titles is ordered to vacate the applicant's caveats lodged on the said land (if any).
• The applicant shall pay costs of the application.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act Cap.71 s.7
• Judicature (Court of Appeal) Rules SI 13-10 r.2(2)
• Judicature (Court of Appeal) Rules SI 13-10 r.6(2)(b)
• Judicature (Court of Appeal) Rules SI 13-10 r.40(2)
• Judicature (Court of Appeal) Rules SI 13-10 r.42(2)
• Judicature (Court of Appeal) Rules SI 13-10 r.43

Cases cited (2)

• Ponsiano Semakula versus Susane Magala & Others, 1993 KALR P.213
• Hwan Sung Industries Ltd v Tajdin Hussein and 2 Others (Civil Application No. 19 of 2008)

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