Wakilii

Kamukama Wilber (Administrator Of Estate Of Late Rurunguru John) and 2 Others v Kitazigolokwa Growers Cooperative Society Ltd [2026] UGHCLD 71

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for stay of execution of a High Court decree pending appeal to the Court of Appeal
Decision
Stay of execution granted pending determination of the appeal, subject to deposit of UGX 20,000,000 as security for due performance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a stay of execution pending appeal, holding that all the conditions under Order 43 rule 4(3) of the Civil Procedure Rules were satisfied. A notice of appeal had been lodged, the application was filed without unreasonable delay, and the threatened eviction of the applicants from land on which they live and derive their livelihood amounted to substantial loss, deprivation of land being treated as substantial loss. Extraction of a decree containing an eviction order constituted a serious and imminent threat of execution, notwithstanding that no execution application had yet been filed. An expressed willingness to provide security suffices; the court fixed security at UGX 20,000,000.

Outcome

Stay of execution granted pending determination of the appeal, subject to deposit of UGX 20,000,000 as security for due performance

Facts

The respondent had sued the late Rurunguru John and the second and third applicants in Civil Suit No. 208 of 2006 in respect of land comprised in LRV 2716 Folio 20, Plot 5 Singo Block 753 at Karewere, Kijunjubwa, Kyankwanzi, Kiboga District. On 4 June 2025 the High Court gave judgment for the respondent, declaring it the lawful owner, finding the applicants were not bona fide occupants, issuing an eviction order, vacating an earlier order of prohibition, and awarding general damages and costs. The applicants filed a notice of appeal on 16 June 2025 and requested the record of proceedings the same day. The respondent extracted a decree on 13 June 2025 containing an order of eviction. The applicants then applied for a stay of execution, averring that they live on and derive their livelihood from the suit land, that eviction would cause irreparable injury and substantial loss, that there was an imminent threat of execution, and that they were willing to provide security for due performance. The respondent contended that filing an appeal is not an automatic stay, that no substantial loss had been proved, and that no threat existed because no execution application had been filed.

Issues

  1. Whether the applicants established sufficient grounds for the grant of a stay of execution of the decree pending determination of their appeal.

Orders

  • Execution of the Decree and Orders in Civil Suit No. 208 of 2006 is stayed pending determination of the applicants' appeal.
  • The applicants shall deposit UGX 20,000,000 as security for due performance with the Registrar of the Court within 60 days of the ruling.
  • Costs of the application shall abide the outcome of the appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution Pending Appeal — Conditions under Order 43 rule 4(3)
A stay of execution pending appeal may be granted where the applicant has lodged a notice of appeal, shows that substantial loss may result if the stay is refused, has applied without unreasonable delay, and has given or is willing to give security for the due performance of the decree.
Civil Procedure — Stay of Execution — Substantial Loss — Deprivation of Land
Substantial loss is not measured by any mathematical formula but must be actual loss assessed on the particular facts, and threatened eviction depriving occupants of land on which they live and derive their livelihood constitutes substantial loss.
Civil Procedure — Stay of Execution — Imminent Threat of Execution — Extraction of Decree
The extraction of a decree by a decree holder is itself a step towards execution and amounts to a serious and imminent threat of execution, even where no formal application for execution has yet been filed.
Civil Procedure — Stay of Execution — Security for Due Performance — Sufficiency of Willingness
It is sufficient for an applicant to express willingness to provide security, and the form and amount of security are determined by the court according to the circumstances of the case rather than necessarily by reference to the whole value of the decree.
Land & Property — Eviction Orders — Preservation of Occupation Pending Appeal
Where a decree orders eviction from land and an appeal is pending, the court may stay execution to preserve the subject matter so that a successful appeal is not rendered nugatory.

Legislation cited (4)

Cases cited (7)

  • Ssekikubo and Others v Attorney General and Others (Civil Appeal No. 3 of 2014)
  • Kyambogo University v Prof. Isaiah Omollo Ndiege (Miscellaneous Application No. 341 of 2013)
  • Tropical Commodities Suppliers Ltd and 2 Others v International Credit Bank Ltd (In Liquidation) (Miscellaneous Application No. 379 of 2003)
  • Mabu Commodities Ltd v Sophie Nakitende (Miscellaneous Application No. 530 of 2020)
  • Kaganda George William v Balinda and Others (Miscellaneous Application No. 46 of 2021)
  • Sewankambo Dickson v Zziwa Abby (Miscellaneous Application No. 78 of 2005)
  • Mwesigwa v Petrol Uganda (Civil Application No. 129 of 2019)

Full judgment

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

Kamukama Wilber (Administrator Of Estate Of Late Rurunguru John) and 2 Others v Kitazigolokwa Growers Cooperative Society Ltd [2026] UGHCLD 71 (30 March 2026)
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.