Wakilii

P and B Infrastructure Limited v Nanyonga (Misc. Application No. 0723 of 2025)

High Court · [2025] UGHCLD 205 · 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
Decision
Execution of the decree in HCCS No. 227 of 2012 stayed pending determination of Civil Appeal No. 965 of 2024

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a stay of execution pending appeal where the applicant satisfied all four statutory conditions: a notice of appeal had been lodged, substantial loss would result from execution (cancellation of title and payment of UGX 50 million plus interest), the application was brought without unreasonable delay, and the applicant expressed willingness to provide security for due performance of the decree.

Outcome

Execution of the decree in HCCS No. 227 of 2012 stayed pending determination of Civil Appeal No. 965 of 2024

Facts

The respondent successfully sued the applicant in HCCS No. 227 of 2012 (formerly Nakawa HCCS No. 227 of 2012) for a declaration that she was the rightful owner of Plot 41 Mugavu Road, Kiswa, Nakawa. Judgment was delivered on 13 June 2024 after twelve years of litigation, ordering cancellation of the applicant's certificate of title and payment of UGX 50 million damages with 15% interest per annum. The applicant filed Civil Appeal No. 965 of 2024 and served notice of appeal. The respondent then filed an application for execution (EMA No. 17 of 2025). The applicant brought this application seeking a stay of execution pending the appeal.

Issues

  1. Whether the applicant has sufficient grounds for a stay of execution pending appeal

Orders

  • Application for stay of execution granted.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant
An applicant seeking a stay of execution pending appeal must satisfy four conditions: (a) a notice of appeal must have been lodged; (b) substantial loss may result to the applicant unless a stay is granted; (c) the application must be brought without unreasonable delay; and (d) the applicant must give security for due performance of the decree.
Civil Procedure — Stay of Execution — Substantial Loss
The words 'substantial loss' in the context of stay of execution mean something in addition to and different from the ordinary loss to which every judgment debtor is necessarily subjected when he loses his case and is deprived of his property in consequence.
Civil Procedure — Stay of Execution — Security for Due Performance
It is sufficient that an applicant for stay of execution expresses willingness to give security for due performance of the decree rather than depositing security before the application is determined, and the amount of security is determined at the discretion of the court depending on the circumstances of the case.

Legislation cited (10)

Cases cited (2)

  • Tanzania Cotton Marketing Board v Coget Cotton Co SA (1995-1998) EA 312
  • Sewankambo Dickson v Zziwa Abby (Misc. Application No. 78 of 2005)

Full judgment

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

P_and_B_Infrastructure_Limited_v_Nanyonga_(Misc._Application_No._0723_of_2025)_[2025]_UGHCLD_205_(21_August_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.