Wakilii

Makubuya v Muwanga Kibirige (Miscellaneous Application No. 3126 of 2015)

High Court · [2016] UGHCEBD 10 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of orders pending appeal to Court of Appeal
Decision
Stay of execution granted on condition of depositing security within fourteen days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted stay of execution on condition that applicant deposits security of UGX 5,000,000 within two weeks. Court declined to require security for the entire decretal amount of UGX 9,464,040, following principle that requiring security for entire decretal amount may stifle appeals. Application not opposed by respondent provided security furnished.

Outcome

Stay of execution granted on condition of depositing security within fourteen days

Facts

Applicant sought stay of execution of orders made in Miscellaneous Application 124 of 2013 pending final determination of Civil Appeal 122/2013. Costs had been taxed and allowed at UGX 9,464,040 on 1 January 2015, which remained unpaid. Respondent did not oppose the stay application provided applicant furnished security for costs and due performance of decree within fourteen days. Applicant's machinery had been attached by a first respondent in related proceedings. Matter was before Court of Appeal. Applicant requested security be set at favorable rate of about 5% of decretal amount given circumstances.

Issues

  1. What amount of security should be provided as security for costs and performance of the decree for purposes of stay of execution?

Orders

  • Stay of execution granted pending disposal of Civil Appeal 122/2013.
  • Applicant to deposit UGX 5,000,000 as security for costs and security for performance of decree with court within two weeks from date of ruling.
  • Each party to bear its own costs of the application.

Rules and key headnotes

Civil Procedure — Stay of Execution — Security for Costs and Performance — Quantum
The requirement and insistence on a practice that mandates security for the entire decretal amount is likely to stifle appeals, and courts may order security for less than the full decretal amount where circumstances warrant.
Civil Procedure — Stay of Execution — Unopposed Applications — Court's Discretion on Terms
Where an application for stay of execution is not opposed, the remaining issue for the court is to determine what would be reasonable as security for costs and for performance of the decree, taking into account all circumstances of the case.

Legislation cited (4)

Cases cited (1)

  • Tropical Commodities Suppliers vs. International Credit Bank

Full judgment

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

Makubuya v Muwanga Kibirige (Miscellaneous Application No. 3126 of 2015) [2016] UGHCEBD 10 (5 May 2016)
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.