Nyakabwa and Another v Kalimbi and 2 Others (Miscellaneous Application 26 of 2024)

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

Held that a stay of execution may be granted even before formal execution proceedings commence where there is imminent threat of execution. The filing and taxation of a bill of costs constitutes commencement of execution process. Stay of execution granted on condition that applicants deposit 50% of taxed costs as security within 30 days, failing which the application would stand dismissed.

Outcome

Stay of execution granted conditionally on payment of 50% of taxed costs as security within 30 days

Facts

The applicants were administrators of an estate and beneficiaries of a will relating to land. Civil Suit No. 0014 of 2016 was dismissed with costs against them. The respondents filed a bill of costs which was taxed at UGX 17,620,000 on 4 April 2024. The applicants, having obtained leave to appeal, sought a stay of execution pending appeal. They claimed they were unaware of the judgment date and only learned of it when the second respondent claimed to have won and placed the land on the market for sale. The respondents argued the application was premature as no formal execution had commenced.

Issues

1. Whether the application meets the test for grant of stay of execution.
2. What remedies are available in the circumstances.

Orders

• Stay of execution of the decree and orders in Civil Suit No. 0014 of 2016 granted to remain in force until final determination of the intended appeal in the Court of Appeal.
• The above order is pegged on the condition that the applicants deposit 50% of the taxed costs (UGX 8,810,000) as security for costs within 30 days from the date of delivery of this ruling.
• In the event the sum is not paid within the time frame provided, this application shall stand dismissed with costs to the respondents and execution shall proceed.
• The costs of taking out this application shall abide the outcome of the intended appeal in the event the applicants comply with the deposit order.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Act s.98
• Judicature Act s.33
• Civil Procedure Rules Order 43 rule 4

Cases cited (8)

• Kyazze v Busingye (Supreme Court Civil Application No. 18 of 1990)
• Kisule v Greenland Bank (Supreme Court Civil Application No. 7 of 2010)
• Kyambogo University v Ndiege (Court of Appeal Civil Application No. 341 of 2013)
• Isingoma v Registered Trustees of Church of Uganda (High Court Miscellaneous Application No. 23 of 2023)
• Alupal v Aisu (High Court Miscellaneous Application No. 52 of 2022)
• Nyakabwa v Kalimbi (High Court Miscellaneous Application No. 27 of 2024)
• Mukasa v Barya (Miscellaneous Application No. 479 of 2021)
• New Vision Publishing Corporation v Kaggwa (High Court Miscellaneous Application No. 127 of 2006)

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