Ongwen v Bazanya (Miscellaneous Application 304 of 2023)

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

An application for stay of execution pending appeal requires the applicant to establish that the appeal has a likelihood of success, that there is an imminent threat of execution, that refusal to grant the stay would cause irreparable damage, and that the application was filed without unreasonable delay. Where the applicant fails to prove irreparable damage and where the decree has largely been executed through sale of the suit properties to third parties, the application must be dismissed despite satisfaction of other conditions.

Outcome

Application for stay of execution dismissed; costs awarded to respondent

Facts

The applicant was the defendant in High Court Civil Suit No. 2 of 2019 in which the respondent, as administrator of the estate of the late Cissy Bazanya, sued the applicant for claiming to be the deceased's husband. Judgment was entered against the applicant on 17 November 2023 and the suit property was vested in the respondent as estate administrator. The applicant filed a notice of appeal and applied for a certified record of proceedings on 20 November 2023. On 14 December 2023, the applicant filed this application for stay of execution to prevent disposal or sale of land comprised in Plot 32 Mvule Crescent and Plot 78 Main Street Jinja. The respondent opposed the application and produced evidence that both properties had already been sold to third parties: Plot 78 Main Street Jinja to Sarah Mutesi Namusubo on 24 January 2024 and Plot 32 Mvule Crescent to Kirunda Moses. The respondent also indicated that she had filed an inventory as administrator and that the only remaining aspect of the decree to be executed was the costs order.

Issues

1. Whether the applicant has shown sufficient cause to justify the grant of a stay of execution pending appeal.

Orders

• Application dismissed.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (7)

• Judicature Act s.83
• Civil Procedure Act s.98
• Civil Procedure Rules Order 22 rule 23(1)
• Civil Procedure Rules Order 43 rule 4
• Civil Procedure Rules SI 71-1 rule 89(1)
• Judicature (Court of Appeal Rules) Directions Rule 6(2)
• Judicature (Court of Appeal Rules) Rule 76(1)

Cases cited (10)

• Gashumba Maniraguha v Sam Nkundiye (Supreme Court Civil Appeal No. 24 of 2015)
• Dr Ahmed Muhammed Kisuule Versus GREENLAND BANK [IN LIQUIDATION]
• Kyambogo University v Prof. Isaiah Omolo Ndiege (Court of Appeal Miscellaneous Civil Application No. 341 of 2013)
• Makerere University and Another v Ndagire Joyce and Others (Miscellaneous Application No. 1030 of 2023)
• Hon. Theodore Ssekikubo and Others v Attorney General and Another (Supreme Court Civil Appeal No. 6 of 2013)
• Alice Wambui Nganga v. John Ngure Kahoro and another, ELC Case No. 482 of 2017 (at Thika); [2021] eKLR
• Tropical Commodities Supplies Ltd and Others vs. International Credit Bank Ltd (in Liquidation) [2004] 2 5 EA 331
• Kabiito Karamagi and Another v Yanjian (U) Company Limited and Another (High Court Miscellaneous Application No. 1274 of 2023)
• Junaco (T) Limited and 2 Others v DFCU Bank Limited Supra
• Akright Projects Limited and Another V H & L Exporters Uganda Limited (Supra)

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