Wakilii

Karamagi & Anor v Kamba (MISCELLANEOUS APPLICATION No. 051 of 2018)

High Court · [2018] UGHCCD 79 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending determination of Court of Appeal application for leave to appeal out of time
Decision
Stay of execution granted with status quo order pending determination of Court of Appeal application for leave to appeal out of time

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 determination of the Court of Appeal application for leave to appeal out of time. Applying the test in Kyazze v Businge, the court found the application was brought without delay and that land being immovable justified maintaining the status quo. The court ordered that the suit land should not be sold or transferred pending determination of the leave application, but warned applicants to prosecute the Court of Appeal application expeditiously.

Outcome

Stay of execution granted with status quo order pending determination of Court of Appeal application for leave to appeal out of time

Facts

On 10 May 2018, the High Court at Fort Portal delivered judgment in HCT-01-CV-CA-010 of 2016 in favour of the respondent. The applicants contended they were not given notice of the judgment date. Upon discovering the judgment, the applicants filed Court of Appeal Miscellaneous Application No. 210 of 2018 seeking leave to appeal out of time. The applicants then filed this application seeking a stay of execution pending determination of the leave application. The applicants alleged the respondent was demarcating the suit land and bringing persons to inspect it, evidencing intended disposition. The respondent denied demarcating the land and submitted he was in effective possession. The respondent contended the application had no merit and was intended only to delay justice.

Issues

  1. Whether the applicants satisfied the conditions for grant of a stay of execution pending determination of their application for leave to appeal out of time.

Orders

  • Application allowed.
  • Status quo to be maintained whereby the suit land shall not be sold or transferred to any third party by the Respondent until the Court of Appeal application for leave to appeal out of time has been determined.
  • Applicants warned to be vigilant in having Court of Appeal Miscellaneous Application No. 210 of 2018 fixed and heard within reasonable time.
  • Costs of the application to be in the cause.

Rules and key headnotes

Stay of Execution — Test for Grant — Kyazze v Businge Principles
An applicant seeking a stay of execution must establish: (1) that the appeal has a likelihood of success or a prima facie case of the right to appeal; (2) that the applicant will suffer irreparable damage or that the appeal will be rendered nugatory if a stay is not granted; (3) if the first two are not established, where the balance of convenience lies; and (4) that the application was instituted without delay.
Stay of Execution — Land Disputes — Immovable Nature of Land
In land disputes, where the application for stay is brought without delay and land being immovable does not move anywhere apart from changing hands, a stay of execution may be granted to maintain the status quo pending determination of an application for leave to appeal, even where the likelihood of success of the contemplated appeal has not been fully established.

Legislation cited (5)

Cases cited (2)

  • Pan African Insurance Company Ltd v Lata (High Court Miscellaneous Application No. 86 of 2006)
  • Lawrence Musitwa Kyazze v Eunice Businge (Civil Application No. 18 of 1990)

Full judgment

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

Karamagi & Anor Vs Kamba (MISCELLANEOUS APPLICATION No. 051 of 2018) [2018] UGHCCD 79 (20 December 2018)
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.