Wakilii

National Council of Sports v Legal Brain Trust (Miscellaneous Application No. 981 of 2024)

High Court · [2025] UGHCCD 209 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of court order pending determination of appeal to Court of Appeal
Decision
Application for stay of execution dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the National Council of Sports' application for stay of execution of a contempt order pending appeal. The court held that the applicant failed to demonstrate likelihood of success on appeal, failed to prove substantial loss beyond vague assertions, and failed to provide security for the decree. The court further held that the National Council of Sports, being a statutory body corporate, does not qualify as government for purposes of exemption from security requirements under Order 43 Rule 6 of the Civil Procedure Rules.

Outcome

Application for stay of execution dismissed

Facts

The National Council of Sports applied for stay of execution of an order extracted on 8 May 2024 pending determination of Civil Appeal No. 811 of 2024. The underlying order arose from contempt proceedings in which the applicant was found in contempt of court and ordered to pay damages. The applicant filed a Notice of Appeal on 28 October 2015, four days after the trial judge's decision on 23 October 2015. The order was sealed on 8 May 2024 and served on the applicant by its previous advocates on 10 June 2024. The applicant subsequently changed legal representation and filed the stay application three months later. The applicant argued that execution would deplete funds allocated for its statutory mandate to serve the sports sector, that the appeal had merit as the award was excessive for public interest litigation, and that as a government entity it should be exempt from providing security.

Issues

  1. Whether the applicant satisfied the conditions for grant of a stay of execution under Order 43 Rule 3 of the Civil Procedure Rules.
  2. Whether the applicant's appeal has a likelihood of success.
  3. Whether substantial loss will result to the applicant if the stay is not granted.
  4. Whether the applicant is required to provide security for the due performance of the decree.
  5. Whether the application was brought without unreasonable delay.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant — Likelihood of Success
An applicant seeking stay of execution must demonstrate to the court that the pending appeal has a likelihood of success, as the remedy exists to avoid rendering nugatory the result of a successful appeal. The applicant must go beyond mere assertion and provide material evidence upon which the court can assess whether there is a prima facie case on appeal.
Civil Procedure — Stay of Execution — Substantial Loss — Standard of Proof
To establish substantial loss for purposes of stay of execution, an applicant must prove by real and cogent evidence that execution will create a state of affairs that will irreparably affect or negate the very essential core of the applicant as the successful party in the appeal. It is not sufficient to merely repeat the words of the statutory provision or make vague and general assertions. The applicant must demonstrate loss of real worth or value that goes beyond ordinary loss resulting from litigation and cannot be atoned by an award of damages.
Civil Procedure — Stay of Execution — Security for Decree — Statutory Bodies
A statutory body corporate established under an Act of Parliament, which can sue or be sued in its own capacity, does not fall within the category of 'government' for purposes of exemption from security requirements under Order 43 Rule 6 of the Civil Procedure Rules. Such a body must provide security for the due performance of the decree as required under Order 43 Rule 3(c).
Civil Procedure — Evidence — Submissions from the Bar
Legal arguments and assertions made by advocates in submissions cannot substitute the requirement for factual proof by affidavit evidence. Where counsel submits facts not contained in the affidavit evidence, such submissions constitute evidence from the bar and cannot be relied upon by the court.

Legislation cited (9)

Cases cited (17)

  • Equity Bank Uganda Ltd v Nicholas Were (Miscellaneous Application No. 604 of 2013)
  • Gashumba Maniraguha v Sam Nkudiye (Civil Application No. 24 of 2015)
  • Kwizera Eddie v Attorney General (Supreme Court Civil Appeal No. 1 of 2008)
  • Tropical Commodities Supplies Ltd & 2 Others v International Credit Bank Ltd (in Liquidation) [2004] 2 EA 331
  • National Enterprise Corporation v Mukisa Foods (Miscellaneous Application No. 7 of 1998)
  • New Vision Publishing Corporation & 2 Others v Peter Kaggwa (High Court Miscellaneous Application No. 127 of 2006)
  • Horizon Coaches Ltd v Francis Mutabazi & Others (Supreme Court Civil Appeal No. 20 of 2001)
  • Wilson Mukiibi v James Semusambwa (Supreme Court Civil Appeal No. 9 of 2003)
  • National Pharmacy Ltd v Kampala City Council [1979] HCB 132
  • Wamboya Abu v Gidima Sulaiman [1997] II KALR 103
  • Kyambogo University v Prof. Isaiah Omolo Ndiege (Court of Appeal Civil Application No. 341 of 2013)
  • Tropical Commodities & 2 Others v International Credit Bank Ltd (in Liquidation) (High Court Miscellaneous Application No. 379 of 2003)
  • Silverstone N. Chesoni [2002] 1 KLR 867
  • Steel Rolling Mills Limited & Another v Gestation Economique Des Mission Catholique & Another (High Court Miscellaneous Application No. 529 of 2009)
  • Pan African Insurance Company (U) Ltd v International Air Transport Association (High Court Miscellaneous Application No. 86 of 2006)
  • Andrew Kisawuzi v Dan Oundo Malingu (High Court Miscellaneous Application No. 467 of 2013)
  • International Credit Bank v Tropical Commodities Suppliers & 2 Others (Civil Appeal No. 24 of 2004)

Full judgment

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

National Council of Sports v Legal Brain Trust (Miscellaneous Application No. 981 of 2024) [2025] UGHCCD 209 (28 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.