Wakilii

Ndawula v Hiraa Traders (U) Ltd (Miscellaneous Application No. 762 of 2016)

High Court · [2016] UGHCEBD 16 · 2016 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal from High Court ruling requiring security deposit as condition for stay of execution
Decision
Application dismissed as frivolous and vexatious abuse of court process

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for leave to appeal against a ruling requiring security deposit of Shs 143,000,000 as a condition for stay of execution. The court held that the applicant failed to establish prima facie grounds that merit serious judicial consideration. The security requirement was a proper exercise of judicial discretion under Civil Procedure Rules O.22 r.23(3), and costs properly followed the event. The intended appeal was found to be frivolous and an abuse of process intended to delay execution.

Outcome

Application dismissed as frivolous and vexatious abuse of court process

Facts

The applicant had been ordered in Miscellaneous Application No. 210 of 2016 to furnish security of Shs 143,000,000 within two weeks as a condition for stay of execution arising from Civil Suit No. 052 of 2012. Dissatisfied with this condition, the applicant sought leave to appeal, contending the trial judge erred in ordering the deposit, that costs were awarded without hearing him, and that he would suffer substantial loss. The respondent opposed, arguing the intended appeal was frivolous and had no merit. A notice of appeal had already been filed before the Court of Appeal, and a substantive application was pending there.

Issues

  1. Whether the applicant established prima facie grounds of appeal that merit serious judicial consideration to warrant leave to appeal.
  2. Whether the court erred in law and fact to order deposit of security for due performance of the decree.
  3. Whether costs were improperly awarded without affording the applicant a right to be heard.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Leave to Appeal — Test for Grant of Leave
Leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal that merit serious judicial consideration, and where the order from which it is sought to appeal was made in exercise of judicial discretion, a rather strong case must be made out.
Civil Procedure — Stay of Execution — Security for Due Performance
A court has discretion under Order 22 rule 23(3) of the Civil Procedure Rules to require security from or impose such conditions on the judgment debtor as it deems fit before staying execution, and requiring security for due performance of a decree is necessary to ensure the successful party does not suffer undue extra hardships.
Civil Procedure — Costs — Award Without Hearing
Costs follow the event unless for good cause the court directs otherwise, and where there is no good cause shown, a party may properly be condemned in costs without separate hearing on the issue.

Legislation cited (6)

  • Civil Procedure Rules O.44 r.2
  • Civil Procedure Rules O.44 r.3
  • Civil Procedure Rules O.44 r.4
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Act s.98
  • Civil Procedure Rules O.22 r.23(3)

Cases cited (2)

  • Sango Bay Estates Ltd and Others v Dresdener Bank [1971] EA 17
  • Jasper Amayeku and 198 Others v Attorney General (Miscellaneous Application No. 618 of 2014)

Full judgment

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

Ndawula v Hiraa Traders (U) Ltd (Miscellaneous Application No. 762 of 2016) [2016] UGHCEBD 16 (19 May 2016)
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.