Wakilii

Kamonga v Sebunya Kabuye (Miscellaneous Application No. 350 of 2014)

High Court · [2014] UGHCCD 170 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from Chief Magistrate's Court judgment
Decision
Stay of execution granted subject to security for costs at 30% of decretal amount

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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 High Court granted a stay of execution pending appeal, ordering the applicant to pay 30% of the decretal amount as security for costs or deposit equivalent security in kind, rather than the entire decretal sum, balancing the requirement under the Civil Procedure Rules with the need to avoid stifling the appeal.

Outcome

Stay of execution granted subject to security for costs at 30% of decretal amount

Facts

The Applicant applied for a stay of execution of a judgment in Civil Suit No. 17 of 2013 pending hearing of Civil Appeal No. 26 of 2014. The Respondent did not oppose the application except on the condition that the Applicant provide security for due performance of the decree. The sole issue before the Court was determining the appropriate amount of security to be paid before granting the stay.

Issues

  1. What amount should the Applicant pay as security for due performance of the decree before a stay of execution is granted?

Orders

  • Application for stay of execution granted.
  • Applicant to pay 30% of the decretal amount as security for costs upon demand, or deposit in kind a Certificate of Title worth 30% of the decretal amount, or a vehicle of equivalent value with signed transfer papers.
  • Costs of the application awarded to the Respondent.

Rules and key headnotes

Stay of Execution — Security for Due Performance of Decree — Amount Required
Under Order 43 rule 4(3) of the Civil Procedure Rules, while security for due performance of a decree is required for a stay of execution, courts should not order the entire decretal amount as security where doing so would stifle the appeal, and may order a reasonable percentage instead.
Stay of Execution — Security in Kind — Alternative Forms
Security for due performance of a decree may be provided in kind by depositing a Certificate of Title or a vehicle of equivalent value with signed transfer papers, as an alternative to cash payment.

Legislation cited (4)

Cases cited (3)

  • Margaret Kato v Nuulu Nalwoga (Supreme Court Miscellaneous Application No. 11 of 2011)
  • Tropical Commodities Supplies Ltd & Others v International Credit Bank Ltd (in liquidation) [2004] 2 EA 331
  • Watulatsu Samuel & 2 Others v Zirimu Haruna (High Court Miscellaneous Application No. 0050 of 2010)

Full judgment

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

Kamonga v Sebunya Kabuye (Miscellaneous Application No. 350 of 2014) [2014] UGHCCD 170 (6 November 2014)
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.