Wakilii

Malavu William v Karabyo Maria Monica (MISCELLANEOUS APPLICATION NO. 1962 OF 2025)

High Court · [2026] UGHCLD 59 · 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 on 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 High Court granted a conditional stay of execution of eviction orders pending appeal, finding that the applicant satisfied some grounds for stay including imminent threat of execution and timely filing, but required security for due performance of the decree. The court found that while part of the decree (title cancellation) had been executed, the eviction order had not, and the applicant remained in possession. The stay was conditional on depositing UGX 15,000,000 as security within 30 days.

Outcome

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

Facts

The applicant was registered on the certificate of title for land in Kyadondo, Plot 1190 Block 229 on 18 August 2005 after purchasing it through attachment and sale pursuant to a court order. The respondent filed Civil Suit No. 1002 of 2020 seeking cancellation of the sale and registration. 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 obtained leave to appeal on 29 August 2025 and filed a notice of appeal on 11 September 2025. The Commissioner Land Registration cancelled the applicant's name and registered the respondent's mother on 4 October 2024. The applicant filed this application on 17 September 2025 seeking stay of execution of the eviction order, claiming he remained in physical possession and faced imminent eviction.

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

Civil Procedure — Stay of Execution — Prerequisites for Grant
For a stay of execution pending appeal to be granted, the applicant must demonstrate: (1) that a notice of appeal has been lodged and steps taken to prosecute the appeal; (2) that substantial loss may result if stay is not granted; (3) that the application has been brought without unreasonable delay; and (4) that security has been given for due performance of the decree.
Civil Procedure — 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.
Civil Procedure — 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, a stay can only be granted in respect of the portions of the decree that remain unexecuted. A stay does not reverse, annul, undo or suspend what has already been done, but merely suspends the time for performance of the particular mandate stayed.
Civil Procedure — 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 court may grant a conditional stay of execution requiring the applicant to deposit security for due performance of the decree, particularly where part of the decree on damages, mesne profits, and costs has not been executed.

Legislation cited (8)

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 Oniollo 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 Lwarence & 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_Karabyo_Maria_Monica_(MISCELLANEOUS_APPLICATION_NO._1962_OF_2025)_[2026]_UGHCLD_59_(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.