Wakilii

Mugambe v Ssensalire Semakade and Another (Miscellaneous Application 2907 of 2023)

High Court · [2023] UGHCLD 403 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary stay of execution pending determination of application to review and set aside ex parte judgment
Decision
Temporary stay of execution granted pending determination of substantive application to review and set aside judgment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a temporary stay of execution pending determination of the substantive application for review and setting aside of an ex parte judgment. The applicant satisfied the three conditions for a temporary stay: a substantive application was pending before the court, there was a serious threat of execution evidenced by a warrant of arrest for recovery of UGX 78,415,000,000, and denial of the stay would render the substantive application nugatory. The application was uncontested as the respondent filed no affidavit in reply.

Outcome

Temporary stay of execution granted pending determination of substantive application to review and set aside judgment

Facts

The applicant was defendant in Civil Suit No. 914 of 2018 filed at Mpigi High Court. He was served with summons to file a defence on 21 August 2019 and filed his written statement of defence on 14 September 2019. He avers he never received hearing notices. The suit was later transferred to Mukono High Court where judgment was delivered ex parte on 2 March 2021 by Justice Batema. The judgment resulted in cancellation of the applicant's special certificate of title for land comprised in Busiro Block 405-406 Plot 106 at Bukasa. The applicant only discovered this in late 2022 when approached by Sebadawo Jonathan who informed him the certificate of title was now registered in the respondents' names. A warrant of arrest was issued against the applicant on 7 August 2023 in execution proceedings for recovery of UGX 78,415,000,000. The applicant filed Miscellaneous Application No. 2832 of 2023 to review and set aside the ex parte judgment on grounds of non-service of hearing notices, and filed the instant application for temporary stay of execution pending determination of that substantive application.

Issues

  1. Whether the execution of the decree arising out of Civil Suit No. 914 of 2018 against the applicant should be stayed pending the determination of an application for review and setting aside the judgment.

Orders

  • A temporary order to stay execution maintaining the status quo doth issue restraining the respondents from enforcing the decree in Civil Suit No. 914 of 2018 pending the determination of the substantive application (Miscellaneous Application No. 2832 of 2023) for review and set aside the judgment in Civil Suit No. 914 of 2018.
  • Costs of this application shall abide the outcome of the substantive application.

Rules and key headnotes

Stay of Execution — Conditions for Granting Temporary Stay Pending Review Application
A temporary stay of execution pending determination of a substantive application for review and setting aside judgment may be granted where three conditions are satisfied: (i) there is a substantive application pending in court; (ii) there is a serious threat of execution before the hearing of the substantive application; and (iii) if the application is not granted it would render the substantive application nugatory.
Stay of Execution — Purpose of Temporary Orders
The purpose of granting temporary orders for stay of execution is to preserve the right of the applicant to have his or her application heard and to ensure that the main application is not rendered nugatory. Temporary orders ought to be made only in compelling circumstances to prevent defeat of justice and strictly pending ascertained hearing of a substantive application.
Uncontested Applications — Effect of Failure to File Affidavit in Reply
Where facts are sworn to in an affidavit in support of an application and they are not denied or rebutted by the opposite party through an affidavit in reply, they are deemed admitted. The application stands uncontested.

Legislation cited (3)

Cases cited (3)

  • Wilson v Church (1879) 12 Ch D 454
  • Geoffrey Opio v Felix Obote and 2 Others (Miscellaneous Application No. 81/82 of 2018)
  • Samwiri Massa v Rose Acen [1978] HCB 297

Full judgment

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

Mugambe_v_Ssensalire_Semakade_and_Another_(Miscellaneous_Application_2907_of_2023)_[2023]_UGHCLD_403_(6_November_2023)
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.