Wakilii

King James Comprehensive School Limited & 2 Others v ECO Bank Uganda Limited (Miscellaneous Application 2755 of 2023; Miscellaneous Application 2756 of 2023)

High Court · [2024] UGCOMMC 267 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal
Decision
Stay of execution granted conditional on furnishing bank guarantee for the full decretal amount within two months

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted stay of execution on condition that applicants furnish security for the due performance of the decree in the full decretal amount of UGX 5,341,084,070.44 in the form of a bank guarantee within two months, rejecting the oral submission to deposit only 5% of the decretal sum as an afterthought not supported by the pleadings.

Outcome

Stay of execution granted conditional on furnishing bank guarantee for the full decretal amount within two months

Facts

The applicants sought stay of execution of a decree in the sum of UGX 5,341,084,070.44. In their affidavit in support, the applicants stated willingness to deposit security for the due performance of the decree in the form of a bank guarantee. The respondent consented to the application provided the applicants furnished a bank guarantee for the full decretal sum within 14 days. At the hearing, counsel for the applicants made an oral submission from the Bar requesting permission to deposit only 5% of the decretal amount, citing case law on the court's discretion regarding the amount of security.

Issues

  1. Whether the applicants should be granted stay of execution and on what terms regarding security for due performance of the decree.

Orders

  • Stay of execution granted.
  • Applicants directed to give security for the due performance of the decree in the sum of UGX 5,341,084,070.44.
  • Security to be provided in the form of a bank guarantee within 2 months from the date of this ruling.
  • In the event of failure to provide the bank guarantee within the stipulated time, execution proceedings may continue.

Rules and key headnotes

Civil Procedure — Stay of Execution — Security for Due Performance of Decree — Quantum of Security
Where an applicant for stay of execution states in their affidavit in support that they are willing to furnish security for the due performance of the decree in a specific amount, and the respondent consents to that amount, an oral submission from the Bar requesting a reduced amount (5% of the decretal sum) cannot be relied upon by the court and constitutes an afterthought.
Civil Procedure — Stay of Execution — Security for Due Performance of Decree — Form of Security
Under Order 43 Rule 4(3) of the Civil Procedure Rules, where parties are amenable to security for the due performance of the decree being furnished in the form of a bank guarantee, the court may direct that security be provided in that form.

Legislation cited (1)

Full judgment

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

King James Comprehensive School Limited & 2 Others v ECO Bank Uganda Limited (Miscellaneous Application 2755 of 2023; Miscellaneous Application 2756 of 2023) [2024] UGCommC 267 (17
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.