Wakilii

Kabugo v Nantongo & Another (Miscellaneous Application 373 of 2024)

High Court · [2024] UGHCFD 55 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim stay of execution arising from execution proceedings
Decision
Application for interim stay of execution dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an interim stay of execution cannot be granted where the applicant's supporting affidavit contains material inconsistencies and falsehoods regarding key facts. The court found material discrepancies between the sale agreement, which stated full payment had been made, and the caveat affidavit, which stated only partial payment was made. Where an affidavit contains obvious falsehoods, it renders the entire affidavit suspect and the application must fail. The discretion to grant an interim order must be exercised judiciously and not as a mere formality of ticking boxes.

Outcome

Application for interim stay of execution dismissed

Facts

The first respondent obtained judgment in Civil Suit No. 148 of 2022 entitling her to 0.285 acres from land at Buloba comprised in Block 313. In execution proceedings (EMA 053 of 2023), the Assistant Registrar ordered the second respondent (administrator of the deceased's estate) to deliver vacant possession of land at Busiro Block 313 Plot 4933 to the first respondent by 7 March 2024. The applicant claimed she had purchased Plot 4933 from the second respondent in 2018 for UGX 195,000,000 pursuant to a sale agreement dated 13 February 2018. She filed a caveat on 11 December 2023 to protect her claimed interest. She then brought this application seeking an interim stay of execution to prevent eviction from the land pending determination of her substantive application challenging the attachment of the property. The respondents were served but did not appear or file responses.

Issues

  1. Whether there is justification to grant the applicant an interim order for stay of execution.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Interim Stay of Execution — Requirements
For an interim order for stay of execution to be granted, three requirements must be met: there must be a substantive application pending in court; there must be a serious threat of execution before the hearing of the substantive application; and if the interim order is not granted, it would render the substantive application nugatory.
Civil Procedure — Interim Stay of Execution — Judicial Discretion
The discretion to grant or deny an interim order for stay of execution must be exercised judiciously and not as a matter of course or a mere formality of ticking boxes, otherwise such approach would amount to abuse of process.
Evidence — Affidavits — Falsehoods and Material Inconsistencies
Where an affidavit in support of an application contains material inconsistencies and obvious falsehoods regarding key facts, such falsehoods render the entire affidavit suspect and an application based on such an affidavit must fail.

Legislation cited (9)

Cases cited (5)

  • Osman Kassim Ramathan v Century Bottling Company Limited (Civil Application No. 35 of 2019)
  • China Henan International Cooperation Group Co. Ltd v Justus Kyabahwa (Civil Application No. 30 of 2021)
  • Hwang Sung Industries v Tajdin Hussein and Others (Civil Application No. 19 of 2008)
  • Bitaitana v Kananura [1972] HCB
  • Joseph Mulenga v Photo Focus (U) Ltd [1996] VI KALR 19

Full judgment

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

Kabugo v Nantongo & Another (Miscellaneous Application 373 of 2024) [2024] UGHCFD 55 (16 September 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.