Wakilii

Nakanjako Kuluthum v Nabweteme Shemah and Another (Misc. Application No. 1596 of 2025)

High Court · [2025] UGCOMMC 330 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending determination of civil revision
Decision
Application granted; execution stayed; applicant released from civil prison pending determination of civil revision

Observed later treatment

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Holding

The court granted the application for stay of execution pending determination of Civil Revision No. 8 of 2025. The respondents failed to file affidavits in reply, and their non-response was treated as admission of the facts. The court found that the civil revision was not frivolous, had a likelihood of success, and would be rendered nugatory if the stay was not granted. The applicant was ordered released from civil prison at Luzira pending final determination of the revision. The 3rd respondent was withdrawn from the suit without costs as he had not been served.

Outcome

Application granted; execution stayed; applicant released from civil prison pending determination of civil revision

Facts

The applicant, Nakanjako Kuluthum, was imprisoned at Luzira Civil Prison pursuant to execution proceedings in two small claims matters at Buganda Road Court (EMA No. 13 of 2025 arising from Small Claim No. 20 of 2025 and EMA No. 12 of 2025 arising from Small Claim No. 23 of 2025). The applicant filed Civil Revision No. 8 of 2025 at the High Court Commercial Division challenging the judgments on grounds of ineffective service of summons. The 1st and 2nd respondents were duly served with the application for stay of execution but did not file affidavits in reply or appear in court. The 3rd respondent was not served as the applicant discovered he was the wrong party and sought leave to withdraw him from the suit.

Issues

  1. Whether the applicant satisfied the conditions for a stay of execution pending determination of the civil revision.
  2. Whether the 3rd respondent should be withdrawn from the suit.
  3. Whether the applicant should be released from civil prison pending determination of the civil revision.

Orders

  • Prayer for withdrawal of the suit against the 3rd Respondent is granted with no order as to costs since he was not served.
  • Execution of decrees in KLA-00-SC-EMA-13-2025 arising out of KLA-00-SCP-20-2025 and KLA-00-SC-EMA-12-2025 arising out of KLA-00-SC-SCP-23-2025 is hereby stayed pending the hearing and final determination of Civil Revision No. 8 of 2025 at the High Court Commercial Division.
  • The Applicant be released from civil prison at Luzira forthwith.
  • The release from civil prison is granted only pending the final determination of Civil Revision No. 8 of 2025.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant
A stay of execution pending determination of a civil revision will be granted where the applicant demonstrates that the revision is not frivolous, has a likelihood of success, the application has been made without unreasonable delay, there is a serious or imminent threat of execution, and the applicant will suffer substantial loss unless the stay is granted.
Civil Procedure — Affidavits in Reply — Effect of Failure to File
Where a respondent is duly served with an application supported by affidavit and fails to file an affidavit in reply within the prescribed time under Order 5 of the Civil Procedure Rules, the failure implies a total admission of all the facts contained in the applicant's affidavit in support.
Civil Procedure — Stay of Execution — Nugatory Effect
A civil revision will be rendered nugatory if a stay of execution is not granted where the applicant contends that service of summons was ineffective and the judgment should be set aside, as the applicant would be denied an opportunity to defend herself if execution proceeds.

Legislation cited (5)

Cases cited (4)

  • Samwiri Massa v Rose Achen (1978) HCB 297
  • Serefaco Consultants Ltd v Euro Consult BV and Another (Civil Application No. 16 of 2007)
  • William Akankwasa v Registrar of Titles (HCMA No. 33 of 2008)
  • Kyambogo University v Prof. Isaiah Omolo Ndiege (C.A. Misc. Civil Application No. 341 of 2013)

Full judgment

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

Nakanjako Kuluthum v Nabweteme Shemah and Another (Misc. Application No. 1596 of 2025) [2025] UGCommC 330 (3 September 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.