Wakilii

Kigongo Gerald and Another v Kawuki Ssali Flugence and Others (Consolidated Civil Suits No. 88 of 2016 and No. 2 of 2018)

High Court · [2026] UGHC 523 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from High Court judgment in consolidated civil suits
Decision
Stay of execution granted pending determination of appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application to stay execution of a decree pending appeal. The court found that the applicants satisfied all prerequisite conditions: they filed a valid notice of appeal raising triable issues; there was imminent threat of execution evidenced by transfer of the certificate of title into another name; and the applicants would suffer substantial loss and irreparable damage if the stay was not granted. The court rejected preliminary objections that the application was premature or barred by res judicata, holding that extraction of a decree amounts to commencement of execution.

Outcome

Stay of execution granted pending determination of appeal

Facts

The applicants in 2015 filed suit against the 1st and 2nd respondents for revocation of Letters of Administration allegedly fraudulently acquired over their late father's estate. In 2018, the 3rd respondent sued the same respondents claiming interest in the same estate property on behalf of the estate of the late Yiga Samson. The suits were consolidated and on 25 September 2025, judgment was delivered in favour of the 3rd respondent, declaring the suit land belonged to Yiga Samson's estate and directing cancellation of Matyansi Nsubuga's name from the title. The applicants filed a notice of appeal and sought stay of execution. The 3rd respondent had already transferred the certificate of title into the name of Yiga Samson following the decree.

Issues

  1. Whether execution of the judgment and decree in consolidated Civil Suits No. 88 of 2016 and H.C.C.S No. 2 of 2018 should be stayed?

Orders

  • Application for stay of execution allowed.
  • Costs to be in the cause.

Rules and key headnotes

Civil Procedure — Stay of Execution — Notice of Appeal — Sufficiency
For stay of execution to be granted, there must be a valid notice of appeal in writing. Filing a memorandum of appeal is not a prerequisite where the applicant has filed a notice of appeal and obtained an appeal number but is awaiting the certified record of proceedings necessary to draft the memorandum.
Civil Procedure — Stay of Execution — Imminent Threat — Self-executing Orders
Orders directing cancellation and replacement of names on a certificate of title are self-executing in nature and do not necessitate a formal application for execution. Extraction of a decree amounts to the start of the execution process and constitutes imminent threat of execution warranting stay.
Civil Procedure — Stay of Execution — Res Judicata — Inapplicability
An application for stay of execution is not barred by res judicata. Such an application is not a fresh suit or an attempt to re-litigate determined issues, but rather seeks procedural relief aimed at preserving the subject matter pending appeal.
Civil Procedure — Stay of Execution — Security for Due Performance — Court's Discretion
The court has discretion not to order security for due performance even where the applicant indicates willingness to deposit a specified sum, where the applicant has satisfied all other conditions prerequisite for grant of a stay of execution.

Legislation cited (3)

Cases cited (8)

  • Erias Lukwagi v Attorney General and Electoral Commission (Civil Application No. 6 of 2014)
  • Orute Aloysius and 4 Others v Alupo Esther (Civil Application No. 960 of 2023)
  • Wilson Mukiibi v James Semusambwa (Supreme Court Civil Appeal No. 9 of 2003)
  • Kiyimba Kaggwa v Hajji Abdu Nasser Katende (1985) HCB 1
  • Besigye v Museveni (Election Petition No. 1 of 2002)
  • The Environment Action Network Ltd v Joseph Eryaru (2008) HCB 40
  • Nassolo Jane and 3 Others v Paul Kisekka Ssaku (Miscellaneous Application No. 1375 of 2016)
  • Babigumira Paul t/a Panache Associates v Eng Karuma Kagyina (Miscellaneous Application No. 460 of 2020)

Full judgment

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

Kigongo Gerald and Another v Kawuki Ssali Flugence and Others (Consolidated Civil Suits No. 88 of 2016 and No. 2 of 2018) [2026] UGHC 523 (13 May 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.