Wakilii

Nassiwa Hadijah and Another v Mascot Logistics Limited (Miscellaneous Application No. 397 of 2025)

High Court · [2026] UGHCCD 72 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications for stay of execution of decree pending determination of applications to set aside ex parte judgment
Decision
Applications for stay of execution dismissed as moot following setting aside of underlying ex parte judgment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed consolidated applications for stay of execution of a decree arising from Civil Suit No. 70 of 2023. The applications were rendered moot because the court had already granted the applicants' separate applications to set aside the underlying ex parte judgment. With no decree in existence to execute, the stay applications had no foundation and were dismissed, with each party bearing own costs.

Outcome

Applications for stay of execution dismissed as moot following setting aside of underlying ex parte judgment

Facts

The late Ssesebwe Vincent Salongo's estate was under administration by Nassiwa Hadijah and Nalwadda Bella Brenda, after Nakalema Hellen's letters of administration were revoked in Civil Suit No. 535 of 2022. Mascot Logistics Limited filed Civil Suit No. 70 of 2023 against the administrators seeking recovery of UGX 371,837,704 allegedly taken by the deceased for personal use. The suit proceeded ex parte and judgment was entered on 20 March 2025 ordering payment of the principal sum, general damages of UGX 20,000,000, and costs, totalling approximately UGX 469,324,736.64. The respondent commenced execution proceedings. Both Nassiwa Hadijah and Nakalema Hellen filed separate applications to set aside the ex parte judgment and separate applications for stay of execution pending determination of the setting aside applications. The court consolidated the two stay applications for hearing.

Issues

  1. Whether the consolidated applications for stay of execution should be granted pending determination of applications to set aside the ex parte judgment.
  2. Whether the applications for stay of execution became moot following the grant of the application to set aside the ex parte judgment.

Orders

  • The consolidated Application is hereby dismissed.
  • Each party to bear own costs.

Rules and key headnotes

Stay of Execution — Mootness — Effect of Setting Aside Underlying Decree
An application for stay of execution of a decree becomes moot and must be dismissed where the underlying decree has been set aside, as there is no longer any decree the execution of which can be stayed.
Stay of Execution — Rational Order of Hearing Multiple Applications
Where multiple applications arise from the same facts, including applications to set aside a decree and applications for stay of execution of that decree, the rational order is to determine the application to set aside first, as the outcome may render the stay applications moot.

Legislation cited (1)

Cases cited (1)

  • National Enterprise Corporation v Mukisa Foods (Miscellaneous Civil Application No. 7 of 1998)

Full judgment

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

Nassiwa Hadijah and Another v Mascot Logistics Limited (Miscellaneous Application No. 397 of 2025) [2026] UGHCCD 72 (14 March 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.