Wakilii

Pastore Kumakech Jangor and 2 Others v Okwong Abdulu Wahab and 4 Others (Miscellaneous Application No. 0116 of 2024)

High Court · [2025] UGHC 1378 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time and stay of execution of a temporary injunction order made by an Assistant Registrar
Decision
Application dismissed for failure to demonstrate good cause for extension of time or grounds for stay of execution

Observed later treatment

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Holding

The High Court dismissed an application for leave to appeal out of time and for stay of execution. The applicants failed to show good cause for the delay — their claim that they had not received the typed ruling was unsupported by evidence of any request for it. The court held that the application was filed 12 days after the prescribed seven-day appeal period and found no evidence of substantial loss justifying a stay of execution.

Outcome

Application dismissed for failure to demonstrate good cause for extension of time or grounds for stay of execution

Facts

The respondents filed Civil Suit No. 0015 of 2024 against the applicants for trespass to land, seeking a declaration of ownership, a permanent injunction, costs, and interest. The respondents also obtained a temporary injunction in Miscellaneous Application No. 0073 of 2024, granted by the Assistant Registrar on 9 July 2024, restraining the applicants from interfering with the suit land. The applicants sought to appeal that order but did not file within the prescribed seven-day period. On 29 July 2024, 20 days after the ruling and 12 days out of time, they filed the present application seeking leave to appeal out of time and a stay of execution. They claimed they had not been provided with a typed copy of the ruling, but produced no evidence of requesting it.

Issues

  1. Whether the applicants should be granted leave to file their appeal out of time and have the time within which to file a memorandum of appeal enlarged
  2. Whether execution of Miscellaneous Application No. 0073 of 2024 should be stayed

Orders

  • Application dismissed.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Appeals — Extension of Time — Good Cause
An applicant seeking leave to appeal out of time must demonstrate good cause. Where the applicant claims non-receipt of a typed ruling as the reason for delay, proof that the ruling was requested but not provided is required. A bare assertion without supporting evidence does not constitute good cause.
Civil Procedure — Stay of Execution — Prerequisites
An applicant for stay of execution under Order 43 Rule 4 of the Civil Procedure Rules must show that substantial loss may result unless the order is made, that the application was brought without unreasonable delay, and that security has been given. Substantial loss must be demonstrated by clear evidence; vague claims of loss or undocumented assertions of ongoing harm are insufficient.

Legislation cited (6)

Cases cited (6)

  • Otim William v Akwanu Silver (Miscellaneous Application No. 0035 of 2022)
  • Tight Security Ltd v Chartis Uganda Insurance Company Limited and Another (Miscellaneous Application No. 0008 of 2014)
  • Kyambogo University v Prof. Isiah Omolo Ndiege (Civil Court of Appeal No. 341 of 2013)
  • Tropical Commodities Supplies Ltd&2 Others Vs International Credit Bank Ltd (tn Liquidation)
  • Orute Aloysius and Others v Alupo Esther (Civil Court of Appeal No. 0960 of 2023)
  • Wilson Mukilbl v James Semusambwa (Supreme Court Civil Appeal No. 009 of 2003)

Full judgment

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

Pastore Kumakech Jangor and 2 Others v Okwong Abdulu Wahab and 4 Others (Miscellaneous Application No. 0116 of 2024) [2025] UGHC 1378 (15 December 202
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.