Wakilii

Kezaala v Sevume & Another (Miscellaneous Application 66 of 2023)

High Court · [2024] UGHC 295 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of High Court judgment pending appeal to Court of Appeal
Decision
Stay of execution granted pending determination of Court of Appeal Civil Appeal No. 0076 of 2023

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted stay of execution pending appeal to the Court of Appeal. The applicant satisfied the conditions for stay by lodging a notice of appeal, demonstrating that substantial loss (property destruction and threats) would result without the stay, filing without unreasonable delay, and raising prima facie triable issues. The Court declined to require security for due performance, holding that the decision whether to order security must be made according to the circumstances of each case and in consonance with the probability of success of the appeal.

Outcome

Stay of execution granted pending determination of Court of Appeal Civil Appeal No. 0076 of 2023

Facts

The applicant owned land under Leasehold Register Volume 2502 Folio 5. He sued the respondents for trespass in the Chief Magistrate's Court. The trial court found for the respondents, holding they were rightful owners of land comprised in Buddu Block 498 Plot 3. The High Court dismissed the applicant's appeal and upheld the trial decision. The applicant then appealed to the Court of Appeal. Before that appeal was heard, the respondents allegedly entered the land on 17 February 2023 with a gang, cutting trees, destroying property, and fencing off parts of the land. The applicant sought stay of execution pending the Court of Appeal's decision.

Issues

  1. Whether the Applicant has satisfied the requirements for grant of a stay of execution

Orders

  • Application for stay of execution granted.
  • Costs to abide the outcome of the appeal in the Court of Appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant
For an application for stay of execution to be granted, the applicant must show that a notice of appeal has been lodged, that substantial loss may result unless the stay is granted, that the application has been made without unreasonable delay, and that the applicant has given security for due performance of the decree.
Civil Procedure — Stay of Execution — Notice of Appeal as Sufficient Expression of Intention
A notice of appeal is a sufficient expression of an intention to file an appeal and such action is sufficient to found the basis for grant of orders of stay in appropriate cases.
Civil Procedure — Stay of Execution — Substantial Loss — Definition
The phrase substantial loss does not represent any particular amount or size and cannot be qualified by any particular mathematical formula. It refers to any loss great or small, of real worth or value as distinguished from a loss that is merely nominal.
Civil Procedure — Stay of Execution — Security for Due Performance — Discretion of Court
The decision whether to order security for due performance must be made according to the circumstances of each case and in consonance with the probability of success of the appeal. The legal provisions on security were never intended to fetter the right of appeal.

Legislation cited (7)

Cases cited (10)

  • Kyazze v Businge (Supreme Court Civil Application No. 18 of 1990)
  • Ssekikubo and Others v Attorney General and Others (Constitutional Application No. 03 of 2014)
  • Nabossa v Yagala & 4 Others (Miscellaneous Application No. 2699 of 2016)
  • Attorney General v East African Law Society & Another (EACA Application No. 1 of 2013)
  • Kampala Capital City Authority v Mulangira Joseph (Miscellaneous Application No. 26 of 2016)
  • Tropical Commodities Supplies Ltd & 2 Others v International Credit Bank Ltd (In Liquidation) [2004] 2 EA 331
  • GAPCO Uganda Ltd v Kaweesa & Another (Miscellaneous Application No. 259 of 2013)
  • American Cyanamid v Ethicon [1975] ALLER 504
  • Walusimbi Mustafa v Musenze Lukia (High Court Miscellaneous Application No. 0232 of 2018)
  • Kawanga v Namyalo Kevina & Another (Miscellaneous Application No. 12 of 2017)

Full judgment

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

Kezaala v Sevume & Another (Miscellaneous Application 66 of 2023) [2024] UGHC 295 (25 April 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.