Wakilii

Lubega & 7 Others v Administrator General & Another (Miscellaneous Application 141 of 2024)

High Court · [2024] UGHCLD 92 · 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 the Court of Appeal
Decision
Stay of execution granted pending appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a stay of execution of the decree in Civil Suit No. 290 of 2015 pending determination of the appeal. The applicants satisfied the four conditions for stay of execution: notice of appeal was filed, substantial loss would result without a stay, the application was made without unreasonable delay, and security for due performance was not required as the decree did not involve payment of money and the appeal raised serious questions with a likelihood of success.

Outcome

Stay of execution granted pending appeal

Facts

The applicants are beneficiaries of the estate of the late Grace Lubega, administered by the Administrator General. The estate included land at Makerere comprised in Kibuga Block 9 Plots 204, 205, 207, 208 and 209. Beneficiaries entered into a memorandum of understanding for equal distribution of the estate. The applicants alleged the Administrator General fraudulently transferred estate land to Bright Juniour School Ltd contrary to the memorandum. The applicants filed Civil Suit No. 290 of 2015. On 8 February 2023, Justice Kawesa delivered judgment partly in favour of both parties. The applicants appealed to the Court of Appeal vide Civil Appeal No. 234 of 2023 and sought a stay of execution pending the appeal. The Administrator General contended the applicants had already proceeded to execute parts of the judgment while purporting to appeal against it.

Issues

  1. Whether the execution of orders arising from HCCS No. 290 of 2015 can be stayed pending the determination of Civil Appeal No. 234 of 2023?
  2. What remedies are available to the parties?

Orders

  • The execution of the decree from Civil Suit No. 290 of 2015 against the applicants be stayed pending the determination of the applicant's appeal vide Civil Appeal No. 234 of 2023.
  • The costs of the application to be in the cause.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant Pending Appeal
An application for stay of execution pending appeal will be granted where the applicant demonstrates: (i) a notice of appeal has been lodged; (ii) substantial loss may result unless the stay is granted; (iii) the application has been made without unreasonable delay; and (iv) security for due performance of the decree has been given or is not required in the circumstances.
Civil Procedure — Stay of Execution — Substantial Loss
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 loss that is merely nominal.
Civil Procedure — Stay of Execution — Security for Due Performance
The requirement for security for due performance of a decree is to ensure the losing party does not intentionally delay execution while hiding under unnecessary applications. Where the decree sought to be stayed is not for payment of money or costs, and the appeal raises serious questions of law and fact with a likelihood of success, the requirement for security may not apply.
Civil Procedure — Stay of Execution — Likelihood of Success on Appeal
A court will find likelihood of success where it is satisfied that the appeal is not frivolous or vexatious and that there is a serious question to be tried.

Legislation cited (3)

Cases cited (5)

  • Kyazze v Busingye (Supreme Court Civil Appeal No. 18 of 1990)
  • Sekikubo and Others v Attorney General and Others (Constitutional Application No. 3 of 2014)
  • Tropical Commodities Supplies Limited and 2 Others v International Credit Bank Limited (in liquidation) (2004) EA
  • Kawanga v Namyalo and Another (Miscellaneous Application No. 12 of 2017)
  • Gapco Uganda Limited v Kaweesa and Another (Miscellaneous Application No. 259 of 2013)

Full judgment

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

Lubega_&_7_Others_v_Administrator_General_&_Another_(Miscellaneous_Application_141_of_2024)_[2024]_UGHCLD_92_(2_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.