Wakilii

Mugisha v Katenta (HCT-01-LD-MA-0150-2025)

High Court · [2025] UGHC 1486 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judgment pending appeal
Decision
Stay of execution granted on condition of payment of security; in default, stay to lapse automatically

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a stay of execution of a land recovery judgment pending appeal, finding that the applicant satisfied all four cumulative conditions: a notice of appeal was filed; substantial loss would ensue from immediate execution given the applicant's extensive developments and reliance on the land for livelihood; the application was brought without unreasonable delay; and security for due performance was ordered in the form of taxed costs rather than the full decretal sum to avoid oppression.

Outcome

Stay of execution granted on condition of payment of security; in default, stay to lapse automatically

Facts

The applicant was declared a trespasser on suit land by judgment of 16 August 2024 in Civil Suit No. 057 of 2007, but was also declared lawful owner of Freehold Register Block 149, Plot 5 (146.09 hectares). The court ordered him to vacate the suit land within three months and awarded the respondent UGX 250,000,000 in general damages plus taxed costs of UGX 53,460,000. The court also ordered a re-survey to demarcate boundaries between Plot 2 (39.3 acres for the respondent) and Plot 5 (for the applicant). The applicant filed an appeal and sought a stay of execution, alleging that the respondent's agents had invaded the land, destroyed crops, stolen livestock, damaged property, and killed two workers. A joint survey was conducted in July 2025, revealing that part of the applicant's house and developments straddled the boundary between the two plots. The applicant has been in occupation since 1992 with extensive commercial farming developments.

Issues

  1. Whether the Applicant has satisfied the conditions for the grant of a stay of execution of the judgment and decree in HCT-01-CV-CS-0057-2007 pending the hearing and determination of Civil Appeal No. 1113 of 2024.

Orders

  • Stay of execution of the judgment and decree in HCT-01-CV-CS-0057-2007 granted pending the hearing and determination of Civil Appeal No. 1113 of 2024.
  • Applicant to deposit with the Deputy Registrar the sum of UGX 53,460,000 (the taxed costs) as security for due performance of the decree within forty-five (45) days from the date of this Ruling.
  • In default of payment of security, the order of stay of execution shall automatically lapse.
  • The District Police Commander (DPC) of Kyenjojo District and the Resident District Commissioner (RDC) are directed to ensure maintenance of peace and order on the suit land and to prevent any acts of violence, trespass, unlawful execution or other unlawful acts.
  • No order as to costs.

Rules and key headnotes

Stay of Execution — Conditions for Grant — Filing of Notice of Appeal
The filing of a notice of appeal alone is sufficient to satisfy the first condition for granting a stay of execution pending appeal, even before the memorandum of appeal is filed or the record is transmitted to the appellate court.
Stay of Execution — Substantial Loss — Meaning and Proof
Substantial loss for purposes of a stay of execution must be loss over and above the ordinary consequences of litigation, must be real and direct, and need not be quantified mathematically, but the applicant must specify the kind of loss, give details, and satisfy the court's conscience that such loss will really ensue.
Stay of Execution — Premature Application — When Application is Not Premature
An application for stay of execution is not premature where the decree holder has taken steps in the execution process such as taxation of costs, or where there is evidence of self-execution of the decree through unlawful acts on the suit property, even in the absence of formal execution proceedings such as a warrant of attachment.
Stay of Execution — Unreasonable Delay — Measurement of Delay
Delay in filing an application for stay of execution must be measured from the date the applicant becomes aware of imminent execution, not necessarily from the date of judgment, particularly where intervening events such as a court-ordered survey affect the urgency of the application.
Stay of Execution — Security for Due Performance — Discretion to Order Partial Security
While security for due performance of a decree is mandatory under Order 43 Rule 4(3)(c) of the Civil Procedure Rules, the court retains discretion to dispense with or order nominal or partial security where requiring the full decretal sum would be oppressive and effectively deny the applicant access to appellate remedy.

Legislation cited (5)

Cases cited (16)

  • Lawrence Musiitwa Kyazze v Eunice Busingye (Supreme Court Civil Application No. 18 of 1990)
  • Muhorro Town Council v Rutalihamu Jacob (Miscellaneous Application No. 0016 of 2022)
  • Attorney General v East Africa Law Society & Another (EACJ Application No. 1 of 2013)
  • Equity Bank (U) Ltd v Nicholas Were (HCMA No. 604 of 2013)
  • Pan African Insurance Co. (U) Ltd v International Air Transport Association (HCMA No. 86 of 2006)
  • Tropical Commodities Suppliers Ltd and 2 Others v International Credit Bank Ltd (in liquidation) (Miscellaneous Application No. 379 of 2003)
  • Kisaalu Joseph & 10 others v Nakintu May & Anor (Miscellaneous Application No. 105 of 2020)
  • Amon Bazira v Maurice Pater Kagimu (Miscellaneous Application No. 1138 of 2016)
  • Hwang Sung Industries Ltd v Tajdin Hussein (SCCA No. 19 of 2008)
  • Ejulu v Itobu (HCMA 160 of 2022)
  • Tanzania Cotton Marketing Board vs. Cogecot Cotton Co. S.A (1995-1998) E.A 312
  • Karuhanga Geoffrey v Talihamu Budongo Sacco (HCMA 0108 of 2022)
  • DFCU Bank Limited v Crane Management Services Limited (Miscellaneous Application No. 0236 of 2025)
  • Wandira Simon v Mutagula Moses (Application 242 of 2024)
  • Kwesiga James v Mugisha Robert (HCT-01-CV-MA-065 of 2019)
  • Hon. Theodore Ssekikubo & Ors v Attorney General (Constitutional Application No. 3 of 2014)

Full judgment

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

Mugisha v Katenta (HCT-01-LD-MA-0150-2025) [2025] UGHC 1486 (24 November 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.