Wakilii

Malavu William v Karabayo Maria Monica (Misc. Appeal No. 0661 of 2025; Miscellaneous Application No. 1962 of 2025)

High Court · [2026] UGHCLD 56 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from dismissal of review application
Decision
Stay of execution granted conditionally upon deposit of security; eviction stayed pending appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a conditional stay of execution pending appeal, staying eviction from the suit property but requiring the applicant to deposit UGX 15,000,000 as security for due performance of the decree within 30 days. The court found that while part of the decree (title cancellation) had already been executed, there remained an imminent threat of eviction. The balance of convenience favoured the respondent, but the applicant satisfied some grounds for stay.

Outcome

Stay of execution granted conditionally upon deposit of security; eviction stayed pending appeal

Facts

The applicant was registered on the certificate of title for land comprised in Kyadondo, Plot 1190 Block 229 on 18 August 2005 after purchasing it by way of attachment and sale pursuant to a court order. The respondent filed Civil Suit No. 1002 of 2020 seeking cancellation of the applicant's registration, alleging fraud. On 19 September 2024, the High Court found that Rosemary Eleanor Karamagi (deceased) was the lawful owner and ordered cancellation of the applicant's registration. The applicant's review application (HCMA No. 006 of 2024) was dismissed on 2 May 2025. The applicant was granted leave to appeal on 29 August 2025 and filed a notice of appeal on 11 September 2025. On 4 October 2024, the Commissioner Land Registration cancelled the applicant's name and registered the respondent's mother as proprietor. The respondent served a notice of eviction dated 10 September 2025. The applicant filed this application on 17 September 2025 seeking to stay execution pending appeal.

Issues

  1. Whether the Applicant has shown sufficient grounds for a stay of execution.
  2. What remedies are available to the parties.

Orders

  • An order for stay of execution of the Order in Misc. Application 6 of 2024 and the decree Civil Suit 1002 of 2020 is hereby issued staying the eviction of the Applicant from the suit property comprised in Kyadondo, Plot 1190 Block 229 pending the hearing and final determination of Miscellaneous Appeal No.0661 of 2025.
  • The Applicant shall deposit UGX 15,000,000/- (fifteen million shillings only) as security for due performance of the decree in court within 30 days of this ruling.
  • Costs of this Application shall abide the outcome of the appeal.

Rules and key headnotes

Stay of Execution — Prerequisites under Order 43 rule 4 CPR
For a stay of execution to be granted, the applicant must satisfy four conditions: (1) a notice of appeal has been lodged and steps taken to prosecute the appeal; (2) substantial loss may result if stay is not granted; (3) the application has been brought without unreasonable delay; and (4) security has been given for due performance of the decree.
Stay of Execution — Substantial Loss
Substantial loss for purposes of stay of execution means actual loss, whether great or small, as opposed to nominal damages, and must be proved by evidence and not mere statements. The loss is not determined by any mathematical formula but must be considered in light of the particular facts of each case.
Stay of Execution — Partial Execution of Decree
A stay of execution presupposes that execution has not been undertaken. Where part of a decree has already been executed, there is nothing left to stay in that respect, but a stay may still be granted for the remaining unexecuted portions of the decree.
Stay of Execution — Balance of Convenience
The power to grant a stay of execution is discretionary and must be exercised equitably with a view to temporarily preserving the status quo. A stay will only be justified where the applicant demonstrates that, once the decretal property is disposed of, there is no likelihood of recovering it should the appeal succeed.
Stay of Execution — Security for Due Performance
The requirement under Order 43(3)(c) of the Civil Procedure Rules for security for due performance of the decree is couched in mandatory terms. A conditional grant of stay of execution may be made requiring the applicant to deposit security for due performance of the unexecuted portions of the decree.

Legislation cited (9)

Cases cited (8)

  • Hon. Theodore Ssekikubo and others v Attorney General and others (Supreme Court Civil Appeal No. 3 of 2014)
  • Kyambogo University v Prof. Isaiah Omollo Ndiege (Court of Appeal Miscellaneous Application No. 341 of 2013)
  • Tropical Commodities Suppliers Ltd and 2 Others v International Credit Bank Ltd (In Liquidation) (Miscellaneous Application No. 379 of 2003)
  • Mabu Commodities Ltd v Sophie Nakitende (Miscellaneous Application No. 530 of 2020)
  • National Enterprise Corporation v Mukisa Foods (Miscellaneous Application No. 7 of 1998)
  • P.K. Sengendo v Busulwa Lawrence & another (Court of Appeal Civil Application No. 207 of 2014)
  • Kiyaga Edward v Christy Mary Namakula (Court of Appeal Civil Application No. 293 of 2023)
  • Global Capital Save 2004 Ltd and Anor v Alice Okiror and Anor (Miscellaneous Application No. 485 of 2012)

Full judgment

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

Malavu_William_v_Karabayo_Maria_Monica_(Misc._Appeal_No._0661_of_2025;_Miscellaneous_Application_No._1962_of_2025)_[2026]_UGHCLD_56_(24_March_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.