Kigozi andrew v Mukasa Ronald (Miscellaneous Application No. 1364 of 2022)

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.

Holding

An interim stay of execution will not be granted where the applicant fails to prove a pending appeal and an imminent threat of execution. The court found the application was aimed at frustrating delivery of judgment in the lower court after the applicant's earlier appeal was dismissed for want of prosecution.

Outcome

Application for interim stay of execution dismissed; applicant to bear respondent's costs

Facts

The applicant sought an interim order of stay of execution arising from Civil Appeal No. 106 of 2018, which had been dismissed by the High Court for want of prosecution. The applicant had filed an application for reinstatement of the dismissed appeal, which remained pending. The respondent opposed, arguing there was no pending appeal and no threat of execution, and that the applicant was merely delaying delivery of judgment in the underlying suit (Civil Suit No. 064 of 2016) at the Chief Magistrate's Court of Makindye. When dismissing the appeal for want of prosecution, the trial judge had directed the Chief Magistrate's Court to proceed and deliver judgment in the main suit. The respondent had filed a bill of costs but taxation had not yet occurred.

Issues

1. Whether the applicant established sufficient grounds for grant of an interim order for stay of execution.

Orders

• Application dismissed.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules S.I 71-1 Order 52 Rules 1 & 2
• Civil Procedure Rules Order 43 Rule 31
• Judicature Act Cap 13 s.17

Cases cited (1)

• Osman Kassim Ramathan v Century Bottling Company Ltd (Civil Application No. 35 of 2019)

Cases citing this judgment (1)

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.

• Kasukas and Others v Kyakimwa and Others (HCT-01-LD-MA-0047-2025)

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