Katayira Francis v Rogers Bosco Bugembe (Civil Application 23 of 2016)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Facts

The respondent, as administrator of the estate of the late Kristofa Wadda, sued the applicant in the High Court for recovery of land comprised in Kibuga Block 14 Plot 124 at Ndeeba, cancellation of the applicant's certificate of title, general damages, mesne profits, an eviction order and costs. The trial judge found the applicant was not a bona fide purchaser for value without notice, because at the time he purchased the land in February 2000 there were tenants in occupation with visible developments, and ordered that the land belonged to the estate and that the applicant's name on the certificate of title be cancelled and replaced with the respondent's. The applicant filed a Notice of Appeal but did not file a Memorandum of Appeal within the time prescribed by the Court of Appeal Rules; the Court of Appeal held the Notice of Appeal to have been withdrawn by operation of law. The applicant then applied to the Supreme Court for an interim order of stay of execution pending determination of his substantive stay-of-execution application, contending that execution would render the appeal and stay application nugatory and cause irreparable loss.

Issues

1. Whether the applicant satisfied the conditions for the grant of an interim order of stay of execution pending the determination of the substantive application for stay of execution (Civil Application No. 22 of 2016).

Legislation cited (10)

• Judicature Act s.6(1)
• Supreme Court Rules r.2(2)
• Supreme Court Rules r.6(2)(b)
• Supreme Court Rules r.42
• Supreme Court Rules r.43
• Supreme Court Rules r.50
• Supreme Court Rules r.51
• Court of Appeal Rules r.72
• Court of Appeal Rules r.82
• Court of Appeal Rules r.84

Cases cited (3)

• Lawrence Musiitwa Kyazze v Eunice Busingye (Civil Appeal No. 18 of 1990)
• Akankwasa Damian v Uganda (Constitutional Application Nos. 7 and 9 of 2011)
• Kyambogo University v Prof. Isaiah Omolo Ndiege (Constitutional Application No. 341 of 2013)

Cases citing this judgment (4)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Matovu & Matovu Advocates v Attorney General and Others (Miscellaneous Application No. 15 of 2025)
• Commissioner of Customs v Prompt Packers and Forwarders Limited (Civil Appeal No. 93 of 2015)
• Katayira v Bugembe (Civil Reference 9 of 2017)
• Nyakana & Sons Ltd v Kobusingye & 16 Ors [2017] UGSC 25

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