Nandawula Hadija an 2 Others v Nalwevlso Jevieo (Miscellaneous Application No. 117 of 2026)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

An application for stay of execution pending appeal is premature where the notice of appeal was filed out of time and an application to validate the notice and extend time remains pending before the Court of Appeal. Without a valid appeal filed, there is no pending appeal to justify a stay of execution. Application dismissed.

Outcome

Application for stay of execution dismissed as premature

Facts

The applicants were judgment debtors in High Court Civil Suit No. 798 of 2007, decided against them on 8 November 2024. They filed a notice of appeal on 6 December 2024, 28 days after judgment instead of the prescribed 14 days. They filed Civil Appeal No. 0468 of 2025 and Civil Application No. 0536 of 2026 seeking extension of time, leave to appeal, and validation of the notice of appeal filed out of time. The respondent extracted a notice to show cause why execution should not issue and filed a bill of costs for taxation. The applicants sought a stay of execution pending determination of their appeal, arguing they would suffer irreparable damage if execution proceeded and that there had been a miscarriage of justice in the trial court's evaluation of evidence.

Issues

1. Whether the applicants have demonstrated sufficient grounds warranting the exercise of this Honourable court's discretion to grant them an order of stay of execution pending appeal.

Orders

• Application dismissed.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (9)

• Judicature Act Cap 16 s.33
• Judicature Act Cap 16 s.37
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules Order 43 Rule 4(1)
• Civil Procedure Rules Order 43 Rule 4(2)
• Civil Procedure Rules Order 43 Rule 4(3)(a)
• Civil Procedure Rules Order 43 Rule 4(3)(b)
• Civil Procedure Rules Order 43 Rule 4(3)(c)
• Civil Procedure Rules Order 43 Rule 4(5)

Cases cited (3)

• Hon. Theodore Ssekikubo v Attorney General (Supreme Court Civil Appeal No. 3 of 2014)
• Kyambogo University v Prof. Isaiah Oniollo Ndiege (Court of Appeal Miscellaneous Application No. 341 of 2013)
• Kisekka v Rwabunyoro (Civil Application No. 1131 of 2023)

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