Wakilii

Kanyago v Cairo Bank Uganda Limited & Another (Miscellaneous Application 2790 of 2023)

High Court · [2024] UGCOMMC 202 · 2024 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judgment in a miscellaneous appeal, arising from an earlier temporary injunction application
Decision
Application struck out on preliminary objection; no determination on merits

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 court struck out an application for stay of execution on preliminary objection. Section 76(2) of the Civil Procedure Act expressly bars any appeal from orders passed in appeal. Since the underlying judgment in Miscellaneous Appeal No. 1559 of 2022 was made under Order 50 rule 8, no further appeal lies from it under section 76(1)(h). The application for stay pending an appeal that is statutorily barred is therefore incompetent.

Outcome

Application struck out on preliminary objection; no determination on merits

Facts

The Applicant filed a main suit (HCCS 0680 of 2022) concerning family property and mortgage validity. He also filed Miscellaneous Application No. 1100 of 2022 seeking a temporary injunction to restrain the banks from selling or evicting him from three properties. The Registrar granted the injunction. The banks appealed (Miscellaneous Appeal No. 1559 of 2022), and the High Court partially allowed the appeal on 9 November 2023, ordering the Applicant to pay 30% of the outstanding loan amount within 30 days. The Applicant then filed this application on 20 November 2023 seeking to stay execution of that judgment pending a further appeal to the Court of Appeal. The Respondents raised a preliminary objection that no further appeal lies from orders made in a miscellaneous appeal under Order 50 rule 8.

Issues

  1. Whether an appeal lies from orders made under Order 50 rule 8 of the Civil Procedure Rules
  2. Whether the application for stay of execution is competent given the statutory bar on further appeals

Orders

  • Application struck out with costs to the Respondents.

Rules and key headnotes

Civil Procedure — Appeals — Statutory Bar on Further Appeals — Section 76(2) Civil Procedure Act
Section 76(2) of the Civil Procedure Act expressly provides that no appeal shall lie from any order passed in appeal under section 76(1). Where a miscellaneous appeal is brought under Order 50 rule 8 of the Civil Procedure Rules, no further appeal lies from the orders made in that appeal by virtue of sections 76(1)(h) and 76(2) of the Act.
Civil Procedure — Stay of Execution — Competence of Application — Dependence on Valid Underlying Appeal
An application to stay execution of a judgment pending appeal is incompetent where the appeal itself is expressly barred by statute. The court will strike out such an application on preliminary objection without proceeding to determine its merits.

Legislation cited (5)

Full judgment

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Kanyago v Cairo Bank Uganda Limited & Another (Miscellaneous Application 2790 of 2023) [2024] UGCommC 202 (15 July 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.