Mubiru Kizito v African Forward Christian Ministries (Civil Application 300 of 2023)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

On an application for stay of execution pending appeal, the single Justice held that although the applicant had lodged a notice of appeal, raised an arguable appeal disclosing a prima facie case, and acted without undue delay, he failed to satisfy the remaining conditions. The alleged loss was not substantial because the outstanding purchase-price balance and accrued interest were capable of being computed, so any loss was quantifiable in money. The applicant offered no security for due performance of the decree. The respondent had already taken vacant possession and let the property to a third party, so the stay in respect of possession was overtaken by events. The balance of convenience favoured the respondent. The application was dismissed with costs.

Outcome

Application for stay of execution dismissed with costs to the respondent

Facts

The applicant had sold suit property to the respondent church under a sale agreement, with a portion of the purchase price tied to settling an outstanding loan. A dispute arose over performance of the contract, each party accusing the other of breach. The High Court (Land Division), per Tadeo Asiimwe J, gave judgment for the respondent on 29 June 2023, ordering the applicant to give vacant possession and hand over the certificate of title, with the respondent to pay any outstanding balance. The applicant lodged a notice of appeal and applied to the Court of Appeal for a stay of execution. He contended the property was commercial, unsuitable for church use, that its character would be irreparably altered, and that the respondent lacked perpetual succession. Before the application was heard, the respondent took vacant possession and entered a tenancy agreement with a third party. The applicant relied on a competing, lapsed 2013 tenancy agreement to dispute the respondent's dealings with the property.

Issues

1. Whether the applicant satisfied the conditions for the grant of an order for stay of execution pending appeal.
2. Whether the applicant's appeal raised a prima facie case with a likelihood of success.
3. Whether the applicant would suffer irreparable or substantial loss if the stay was not granted.
4. Whether the application was instituted without unreasonable delay.
5. Whether the applicant had given security for the due performance of the decree.
6. Where the balance of convenience lay.

Orders

• Application for stay of execution dismissed.
• Costs of the application to the respondent.

Rules and key headnotes

Legislation cited (6)

• Judicature (Court of Appeal Rules) Directions SI 13-10 r.20A(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.5
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.6(2)(b)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.72
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.76
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.105(1)

Cases cited (13)

• Hon. Theodore Ssekikubo and Others v Attorney General and Others (Constitutional Application No. 6 of 2013)
• Beeline Travel Limited and Alinda John v Finance Trust Bank Limited (Civil Application No. 67 of 2023)
• Stanley Kang'ethe Kinyanjui vs Tonny Keter and 5 Others, 2013 KLR
• Suliman Muwonge v Attorney General (Constitutional Application No. 7 of 2012)
• Legal Brain Trust Ltd v Attorney General (Civil Application No. 56 of 2023)
• Jaydrakumar Devechand Devani v Harisas Vallabhas Bhadresa and Another (Civil Appeal No. 21 of 2017)
• Kyambogo University v Prof. Isaiah Ndiege (Civil Application No. 341 of 2013)
• Ismael Allibhai and Others v Nandallar Harvijan Karia and Another (Supreme Court Civil Appeal No. 53 of 1995)
• Tropical Commodities Supplies Ltd and Others v International Credit Bank Ltd (in liquidation) [2004] 2 EA 331
• DFCU Bank Ltd v Dr. Ann Nakate Lusejjere (Civil Appeal No. 29 of 2002)
• Lawrence Musiitwa Kyazze v Eunice Besigye (Civil Application No. 18 of 1990)
• Dr. Ahmmed Muhammed Kisuule v Greenland Bank (in liquidation) (Supreme Court Civil Appeal No. 7 of 2010)
• Hon. Theodore Ssekikubo and 3 Others v Attorney General and 4 Others (Constitutional Application No. 3 of 2014)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Balwaine v Asinga (Civil Application 562 of 2023)

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