Wakilii

Karago Construction & Engineering Limited v Emmaus Foundation Investment (U) Limited (Civil Application No. 529 of 2025)

Court of Appeal · [2026] UGCA 126 · 2026 Application Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single Justice of the Court of Appeal for a stay of execution pending determination of a civil appeal
Decision
Application for stay of execution allowed; partially executed High Court orders stayed, conditional on the outcome of related Court of Appeal applications

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Sitting as a single Justice, the court applied the settled conditions for a stay of execution pending appeal: a lodged notice of appeal, an arguable appeal with a real prospect of success, a risk that the appeal would be rendered nugatory, the balance of convenience, and absence of delay. The court held that partial execution of a decree does not preclude a stay and that the two courts have concurrent jurisdiction, so the High Court's delay in delivering its stay ruling justified entertaining the application. Finding that continued execution of the monetary award would render grounds of the pending appeal nugatory and that the balance of convenience favoured the applicant, the court allowed the application and stayed the partially executed High Court orders.

Outcome

Application for stay of execution allowed; partially executed High Court orders stayed, conditional on the outcome of related Court of Appeal applications

Facts

The respondent was the registered proprietor of land at LRV 4071 Folio 9 Plot 1, Third Ring Road, Luzira, on a 99-year lease from 2010. The Uganda Land Commission re-entered and re-allocated the land to the applicant. The respondent brought judicial review (High Court Miscellaneous Cause No. 0202 of 2023), and the applicant was joined as a party. On 20 January 2025 the High Court (Karekona J) ruled for the respondent, quashing the re-entry and re-allocation by certiorari, granting an injunction, and awarding UGX 300,000,000 in general damages plus costs, to be borne equally by the three respondents in that cause. The applicant appealed (Civil Appeal No. 0222 of 2025). Its High Court stay application (Miscellaneous Application No. 0122 of 2025) was delayed and ultimately dismissed on 24 November 2025. The respondent commenced execution of the monetary award, obtaining garnishee orders against the applicant's mobile money merchant accounts and recovering UGX 61,619,980. The applicant then sought a stay of execution from the Court of Appeal pending its appeal.

Issues

  1. Whether the application meets the test for the grant of an order for a stay of execution pending the determination of Civil Appeal No. 0222 of 2025.

Orders

  • The execution of the ruling or orders in High Court Miscellaneous Cause No. 0202 of 2023 is stayed pending the determination of Court of Appeal Civil Applications No. 0413 and 0437 of 2025.
  • If Court of Appeal Civil Application No. 0413 succeeds and Civil Application No. 0437 of 2025 fails, the stay of execution shall continue until the final determination of Civil Appeal No. 0222 of 2025.
  • If Court of Appeal Civil Application No. 0413 fails and Civil Application No. 0437 of 2025 succeeds, the stay of execution will automatically lapse.
  • Each party shall bear their own costs of the application.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for grant pending appeal
An applicant for a stay of execution pending appeal must establish that a notice of appeal has been lodged, that the appeal has a likelihood of success or a prima facie right to appeal, that irreparable damage will be suffered or the appeal rendered nugatory if a stay is not granted, that the balance of convenience favours a stay, and that the application was instituted without delay.
Civil Procedure — Stay of Execution — Effect of partial execution
The court's discretion to stay the whole or part of a decree or order extends to orders that have been partially executed; the fact that partial execution has already occurred does not necessarily preclude the grant of a stay where special circumstances justify halting further enforcement.
Civil Procedure — Stay of Execution — Concurrent jurisdiction of High Court and Court of Appeal
Although an application for a stay must first be made to the High Court that passed the decree, the Court of Appeal may entertain an application under rule 6(2)(b) to safeguard the right of appeal where the High Court has failed or delayed to deliver its ruling, the two courts having concurrent jurisdiction.
Civil Procedure — Stay of Execution — Likelihood of success — test of arguable appeal
The test for likelihood of success is whether the appeal has a real prospect of success that is realistic rather than fanciful; the court does not inquire into the merits of the appeal but determines whether, prima facie, there exist grounds in the memorandum of appeal that merit serious consideration.
Civil Procedure — Stay of Execution — Appeal rendered nugatory by completed execution of monetary award
Where continued execution would result in full recovery of a monetary award before the appeal challenging that award is heard, allowing execution to proceed would render the relevant grounds of appeal nugatory, and a stay should be granted to preserve the status quo.

Legislation cited (6)

Cases cited (9)

  • Gashumba Mamiraguha v Sam Nkundiye (Civil Application No. 24 of 2015)
  • Sekikubo & 3 Others v Attorney General (Constitutional Application No. 6 of 2013)
  • Gladys Mukula v Rosemary Nabukenya (Civil Application No. 211 of 2020)
  • Muchanga Investments Limited v Safaris Unlimited (Africa) Ltd & 2 Others (Civil Appeal No. 25 of 2002)
  • Tropical Commodities Supplies Ltd v International Credit Bank (In Liquidation) [2004] 2 EA 331
  • Junaco (T) Limited and 2 Others v DFCU Bank Ltd (Civil Application No. 145 of 2023)
  • Krone Uganda Limited v Kerilee Investment Limited (Civil Application No. 63 of 2020)
  • National Enterprise Corporation v Mukisa Foods (Miscellaneous Civil Application No. 7 of 1998)
  • Lawrence Kyazze Musiitwa v Eunice Busingye (Civil Appeal No. 13 of 1990)

Full judgment

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

Karago Construction & Engineering Limited v Emmaus Foundation Investment (U) Limited (Civil Application No. 529 of 2025) [2026] UGCA 126 (6 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.