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Nauma Christine v Kamuli Town Council and Another (Miscellaneous Cause 264 of 2024)

High Court · [2025] UGHC 1528 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from High Court judgment in Civil Suit No. 139 of 2024
Decision
Stay of execution granted conditionally pending appeal to the Court of Appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application for stay of execution pending appeal, subject to conditions. The applicant satisfied most essential requirements: a pending appeal, likelihood of substantial loss, and timely filing. However, the court found no imminent threat of execution. The stay was granted conditionally, requiring the applicant to deposit taxed costs and provide a bank guarantee of UGX 80,000,000 within 30 days.

Outcome

Stay of execution granted conditionally pending appeal to the Court of Appeal

Facts

The applicant, Nauma Christine, filed Civil Suit No. 139 of 2024 against the respondents challenging the disposal of premises known as plot 13 Cox Road, alleging non-compliance with the Public Procurement and Disposal of Assets Act. On 21 June 2024, judgment was delivered in favour of the respondents. The applicant filed a notice of appeal and requested certified copies of proceedings. The respondents extracted a decree and served a demand notice on the applicant. The respondents subsequently filed Execution Application No. 021 of 2024 on 10 July 2024. The applicant then brought this application for stay of execution pending the determination of her appeal to the Court of Appeal, arguing that execution would render her appeal nugatory if successful.

Issues

  1. Whether execution of the decree and orders in Execution Application No. 021 of 2024 (arising from Civil Suit No. 139 of 2013) can be stayed by the court.

Orders

  • Application for stay of execution granted with conditions.
  • Applicant directed to deposit the whole amount of taxed costs in Civil Suit No. 0139 of 2024 on the Jinja High Court Account.
  • Applicant directed to file a bank guarantee of UGX 80,000,000 with the Deputy Registrar, Jinja High Court.
  • Both conditions to be complied with within 30 days of reading this ruling as a precondition to stay execution proceedings.

Rules and key headnotes

Stay of Execution — Conditions for Grant — Pending Appeal
For an application for stay of execution pending appeal to succeed, there must be a pending appeal filed in court, and once an appeal is pending, the court may intervene by preserving the status quo pending disposal of the appeal.
Stay of Execution — Substantial Loss — Proof Required
Substantial loss refers to a significant detriment that a party may suffer if the court does not intervene, involving a real risk of serious financial or other damage that cannot be adequately remedied by compensation or reversal if the appeal succeeds, and must be proved with evidence, not just claimed.
Stay of Execution — Imminent Threat of Execution — Demand Notice Insufficient
A letter of demand alone does not constitute a threat of execution, and there must be evidence of an impending or imminent threat of execution, such as a warrant of execution being issued or applied for, to satisfy this condition for granting a stay of execution.
Stay of Execution — Security for Due Performance — Discretionary
The decision whether to order security for due performance of a decree must be made according to the circumstances of each particular case and in consonance with the probability of success of the appeal, and is not mandatory in all cases.
Stay of Execution — Timing — Unreasonable Delay
An application for stay of execution filed approximately four months after judgment, where a notice of appeal has been filed and the applicant is awaiting certified copies of proceedings, does not constitute unreasonable delay.

Legislation cited (5)

Cases cited (17)

  • Lawrence Musiitwa Kyazze v Eunice Busingye (SCCA No. 18 of 1990)
  • Hon. Theodore Ssekikubo and Others v Attorney General and Others (Constitutional Application No. 3 of 2014)
  • GAPCO Uganda v Kaweesa and Another (Miscellaneous Application No. 259 of 2013)
  • Hansa Industries Ltd v Tadjir Hussein and 2 Others (Supreme Court Appeal No. 19 of 2018)
  • Nalwanga v Eden Ltd and Others (Miscellaneous Application No. 7 of 2017)
  • Mugene v Akankwasa [2008] HCB 160
  • Membe v Mayoga [2009] HCB 82
  • Kyambogo University v Prof. Isaiah Omolo Ndiege (Court of Appeal No. 341 of 2013)
  • Stanbic Bank Uganda v Atyaba Agencies (Supreme Court Civil Appeal No. 31 of 2004)
  • Tropical Commodities Supplies Ltd and 2 Others v International Credit Bank Ltd (in Liquidation) [2004] 2 EA 331
  • Zaveru v Lakhani Brothers Ltd [1959] EA 789
  • Sewankambo Dickson v Ziwa Abby (High Court Miscellaneous Application No. 178 of 2005)
  • Ujagar Singh vs Runda Coffee Estates Ltd.
  • Uganda Revenue Authority vs. National Security Fund
  • Juma Sewaalinte v Victoria Kayizzi (Civil Miscellaneous Application No. 237 of 2023)
  • John Baptista Kawanga v Namyalo Kevina and Another (Miscellaneous Application No. 12 of 2017)
  • Amuanaun Sam v Opolot David (Miscellaneous Application No. 3 of 2014)

Full judgment

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

Nauma Christine v Kamuli Town Council and Another (Miscellaneous Cause 264 of 2024) [2025] UGHC 1528 (11 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.