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Marwa Properties Ltd v Mary Zawedde Mulira and Others (Miscellaneous Application 278 of 2025)

High Court · [2025] UGHCCD 131 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judicial review ruling pending appeal
Decision
Application for stay of execution dismissed; respondents entitled to enjoy fruits of judicial review ruling

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for stay of execution of a judicial review ruling that quashed the applicant's land registration. The court held that the applicant failed to establish a prima facie likelihood of success on appeal and that the balance of convenience favoured the respondents who were entitled to enjoy the fruits of the ruling. The applicant did not prove that any loss suffered would be incapable of monetary compensation.

Outcome

Application for stay of execution dismissed; respondents entitled to enjoy fruits of judicial review ruling

Facts

On 9 January 2025, the Commissioner for Land Registration issued a memorandum registering land comprised in LRV 838 Folio 14 Bulemezi Block 928 Plot 2 at Bugulumizi, Nakaseke District in the name of Marwa Properties Ltd. The first to fourth respondents instituted judicial review proceedings in Miscellaneous Cause No. 17 of 2025. On 11 April 2025, Justice Emmanuel Baguma delivered a ruling quashing the memorandum of registration and directing that the first to fourth respondents be entered as registered owners. Marwa Properties Ltd filed a notice of appeal on 13 April 2025 and applied for stay of execution on 14 April 2025. By the time of the supplementary affidavit on 13 May 2025, the respondents had already been entered on the certificate of title under Instrument Number LUW00142082.

Issues

  1. Whether the applicant has sufficiently proved the conditions for grant of an order of stay of execution.

Orders

  • Application dismissed.
  • Applicant to pay costs of the application.

Rules and key headnotes

Stay of Execution — Conditions for Grant — Likelihood of Success on Appeal
The most important consideration in an application for stay of execution is the likelihood of success of the intended appeal; an applicant must establish prima facie that the appeal has a likelihood of success.
Stay of Execution — Balance of Convenience — Fruits of Judgment
In determining whether to grant a stay of execution, the court must balance ensuring the appeal is not rendered nugatory against ensuring the successful party is not deprived of the fruits of judgment except for good and cogent reason; the balance of convenience favours the successful party where the applicant has not proved that any loss suffered is incapable of monetary compensation.

Legislation cited (3)

Cases cited (3)

  • Gashumba Maniraguha v Sam Nkudiye (Supreme Court Civil Application No. 24 of 2015)
  • Uganda Revenue Authority v Mohammed Tumusiime (High Court Miscellaneous Application No. 440 of 2022)
  • Junaco (T) Ltd and 2 Others v DFCU Bank (High Court Miscellaneous Application No. 27 of 2023)

Full judgment

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

Marwa Properties Ltd v Mary Zawedde Mulira and Others (Miscellaneous Application 278 of 2025) [2025] UGHCCD 131 (19 August 2025)
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.