Wakilii

Mukasasalongo v Mukiibi Geofrey [2026] UGHCLD 116

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for stay of execution of a High Court decree pending determination of an appeal in the Court of Appeal
Decision
Stay of execution granted conditionally upon deposit of UGX 5,000,000 within 60 days; taxation proceedings stayed pending the appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court restated the four conditions for a stay of execution pending appeal under Order 43 rule 4 of the Civil Procedure Rules: a lodged notice of appeal, substantial loss, absence of unreasonable delay, and security for due performance of the decree. Substantial loss means something more than the ordinary loss suffered by every judgment debtor. Taxation of a bill of costs is part of execution proceedings and may be stayed. Although the applicant had not expressed willingness to provide security, having satisfied the other conditions the stay was granted conditionally upon depositing UGX 5,000,000 within 60 days, with taxation proceedings stayed pending the appeal.

Outcome

Stay of execution granted conditionally upon deposit of UGX 5,000,000 within 60 days; taxation proceedings stayed pending the appeal

Facts

Judgment was entered against the applicant in Civil Suit No. 83 of 2015 on 5 July 2024, declaring him a trespasser on the suit land and awarding general damages and costs to the respondent. The applicant filed a notice of appeal on 15 July 2024, lodged the record of appeal in the Court of Appeal on 31 October 2024, and filed this application for a stay of execution in December 2024. The respondent had commenced taxation of his bill of costs (Taxation Application No. 0358 of 2024), which had been taxed by the date of the ruling, though the respondent maintained that no formal application for execution had been filed. The applicant deposed that following the judgment he was forcefully evicted from the land, his house was demolished without due process, and the land was transferred into the name of a third party who was not a party to the suit. The respondent contended that the applicant's difficulties were self-inflicted, that he had continued to trespass and file multiple suits over the same land, and that stay proceedings were being used to frustrate enjoyment of the fruits of judgment; he asked the court to order security for costs. The applicant opposed security, arguing it was discretionary and unnecessary.

Issues

  1. Whether the applicant established sufficient grounds for a stay of execution pending the determination of his appeal.
  2. Whether taxation of a bill of costs forms part of execution proceedings capable of being stayed.
  3. Whether the applicant was required to provide security for the due performance of the decree as a condition of a stay.

Orders

  • The application for a stay of execution is granted on condition that the applicant deposits Shs. 5,000,000/- (five million shillings only) within 60 days from this ruling.
  • The stay of execution is relevant only to the grant of general damages and the costs; Taxation Application No. 358 of 2024 is stayed pending determination of Court of Appeal Civil Appeal No. 669 of 2024.
  • The costs of the application will abide the outcome of the appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution Pending Appeal — Conditions under Order 43 rule 4
A stay of execution pending appeal will be granted only where the applicant has lodged a notice of appeal, shows that substantial loss may result unless the order is made, has applied without unreasonable delay, and has given security for the due performance of the decree ultimately binding upon him.
Civil Procedure — Stay of Execution — Meaning of Substantial Loss
Substantial loss does not mean the ordinary loss to which every judgment debtor is subjected upon losing a case and being deprived of property; it must be something additional to and different from that ordinary consequence.
Civil Procedure — Execution — Taxation of Bill of Costs as Part of Execution Proceedings
Taxation of a bill of costs awarded by a decree forms part of execution proceedings, so that its pendency demonstrates imminent danger of execution of the whole decree and it may itself be stayed pending appeal.
Civil Procedure — Stay of Execution — Security for Due Performance of Decree — Discretion of Court
Each application for stay must be assessed on its own merits as regards security, and a mere expression of willingness and interest to pay security may suffice; where an applicant who has otherwise satisfied the conditions declines to offer security, the court may still grant the stay on condition that a fixed sum is deposited as security for due performance of the decree.

Legislation cited (4)

Cases cited (2)

  • Tanzania Cotton Marketing Board vs Coget Cotton Co. S.A (1995-1998) EA 312
  • John Baptist Kawanga v Namyalo Kevina and Another (Miscellaneous Application No. 12 of 2017)

Full judgment

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Mukasasalongo v Mukiibi Geofrey [2026] UGHCLD 116 (20 April 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.