Wakilii

Park View Limited and Bharat Properties Limited v Kasai Abdul and Departed Asians Custodian Board (Civil Application No.567 of 2026)

Court of Appeal · [2026] UGCA 166 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single Justice of the Court of Appeal for stay of execution pending appeal.
Decision
Application granted; execution of the High Court judgment and decree in HCCS No. 894 of 2021 stayed pending the determination of Civil Appeal No. 786 of 2025.

Observed later treatment

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Holding

A single Justice of the Court of Appeal granted a stay of execution pending appeal. Applying the Ssekikubo principles, the court held the appeal raised non-frivolous, non-vexatious grounds with a likelihood of success; that the applicants would suffer substantial loss, which need not be monetary, given the threatened demolition of the suit property and disconnection of utilities that altered the status quo beyond the terms of the decree; and that the application was filed without undue delay, the law requiring a prior application in the High Court. The preliminary objection based on a pending reinstatement application was overruled. The judgment and decree in HCCS No. 894 of 2021 were stayed pending Civil Appeal No. 786 of 2025.

Outcome

Application granted; execution of the High Court judgment and decree in HCCS No. 894 of 2021 stayed pending the determination of Civil Appeal No. 786 of 2025.

Facts

The applicants filed High Court Civil Suit No. 894 of 2021 seeking a declaration that they were the rightful owners of property on Plot 98-104 Nakivubo Road, claiming lawful repossession under the Expropriated Properties Act, plus cancellation of the 1st respondent's certificate of title, a permanent injunction, general damages and costs. On 22 October 2025 the High Court (Land Division) found the alleged repossession did not occur, declared the 1st respondent the lawful owner, issued a permanent injunction restraining the applicants, and awarded costs. The applicants filed Civil Appeal No. 786 of 2025, which is pending. Their High Court application for stay (Miscellaneous Application No. 2382 of 2025) was dismissed. Pending the appeal, the 1st respondent extracted a decree, engaged occupants to execute tenancy agreements and pay rent, disconnected water and arranged disconnection of power, and indicated the property would be demolished for new developments. Twenty-four families, shareholders in the applicant companies, had occupied the premises for about 30 years.

Issues

  1. Whether the pending appeal has a likelihood of success.
  2. Whether the applicants would suffer substantial or irreparable loss, or the appeal be rendered nugatory, if a stay is not granted.
  3. Whether the application for stay was brought without undue delay.
  4. Whether the application should be dismissed on the preliminary objection that a separate application to reinstate an earlier dismissed application is pending.

Orders

  • The judgment and decree in HCCS No. 894 of 2021 is hereby stayed pending the determination of Civil Appeal No. 786 of 2025 by this Court.
  • Civil Application No. 687 of 2025 is accordingly dismissed since it has been overtaken by events.
  • Costs of the application shall abide by the outcome of Civil Appeal No. 786 of 2025.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant
A stay of execution pending appeal will be granted where the appeal has a likelihood of success or discloses a prima facie arguable right of appeal, the applicant will suffer irreparable damage or the appeal will be rendered nugatory if a stay is not granted, and the application is brought without undue delay; where the first two conditions are not established, the court considers where the balance of convenience lies.
Civil Procedure — Stay of Execution — Merits of Appeal Not Investigated
At the stage of an application for stay of execution the court is not required to investigate the merits of the appeal; it is sufficient that the appeal is shown not to be frivolous or vexatious.
Civil Procedure — Stay of Execution — Substantial Loss Need Not Be Monetary
Substantial loss for the purpose of a stay of execution is not confined to any particular amount or size and cannot be reduced to a mathematical formula; it refers to any real loss, great or small, of genuine worth or value, as distinguished from loss that is merely nominal, and includes the altering of the status quo.
Civil Procedure — Stay of Execution — Acts Beyond the Terms of the Decree
Where a successful party takes steps that go beyond the terms of the decree — such as demolishing the suit property or disconnecting utilities — those acts constitute execution that alters the status quo contrary to the decree binding on that party and support the grant of a stay.
Civil Procedure — Stay of Execution — Pending Related Application No Bar
The existence of a separate pending application to reinstate an earlier dismissed application is not a bar to the court determining an application for stay of execution.

Legislation cited (5)

Cases cited (4)

Full judgment

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Park View Limited and Bharat Properties Limited v Kasai Abdul and Departed Asians Custodian Board (Civil Application No.567 of 2026) [2026] UGCA 166 (22 April 2026)
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.