Wakilii

Robert Muhereza and Another v Victoria Sugar Limited (Miscellaneous Application No. 1781 of 2025)

High Court · [2025] UGCOMMC 354 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from denial of leave to appear and defend in summary suit
Decision
Application dismissed for lack of competence due to absence of valid notice of appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that there is no automatic right of appeal from an order denying leave to appear and defend under Order 36 rule 5 of the Civil Procedure Rules. Leave to appeal must first be obtained before filing a notice of appeal. Where a notice of appeal has been filed without the right of appeal existing, the notice is incompetent and cannot form the basis for an application for stay of execution pending appeal. The application for stay of execution was dismissed with costs.

Outcome

Application dismissed for lack of competence due to absence of valid notice of appeal

Facts

The Respondent instituted a summary suit (Civil Suit No. 1534 of 2024) against the Applicants seeking a refund of UGX 280,000,000. The Applicants applied for leave to appear and defend but failed to show a bonafide triable issue. Leave was denied and judgment was entered against them on 27 May 2025 under Order 36 rule 5. The Applicants filed a notice of appeal (Civil Appeal No. 560 of 2025) without first seeking leave to appeal. The Respondent commenced execution proceedings by filing Taxation Application No. 378 of 2025. The Applicants then filed this application seeking to stay execution pending determination of their appeal.

Issues

  1. Whether an order of stay of execution in Miscellaneous Application No. 214 of 2025 arising from Civil Suit No. 1534 of 2024 should be granted?
  2. Whether there is an automatic right of appeal under Order 36 rule 5 of the Civil Procedure Rules?
  3. What remedies are available to the parties?

Orders

  • The preliminary objection is upheld.
  • The application for stay of execution is dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Appeals — Right of Appeal — Orders Under Order 36 Rule 5
There is no automatic right of appeal from an order denying leave to appear and defend under Order 36 rule 5 of the Civil Procedure Rules; leave to appeal must first be obtained under Order 44 rule 1(2).
Civil Procedure — Stay of Execution — Competence of Application — Requirement of Valid Notice of Appeal
Where a notice of appeal has been filed but the right of appeal does not exist, the notice of appeal is incompetent and cannot form the basis for an application for stay of execution pending appeal, as there is no pending appeal.
Civil Procedure — Preliminary Objections — Disposal of Suit
Where a preliminary objection is capable of disposing of the matter in issue, it is judicious to determine the objection before embarking on the merits of the case.

Legislation cited (10)

Cases cited (6)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Uganda Telecom Ltd v ZTE Corporation (Supreme Court Civil Appeal No. 3 of 2017)
  • Zubeda Mohamed and Another v Laila Kaka Wallia and Another (Supreme Court Civil Reference No. 07 of 2016)
  • DFCU Bank Ltd v Donna Kamuli (Supreme Court Civil Application No. 29 of 2019)
  • Hon. Nakato Kyabanji Katusiime v Kenroy Investments Limited (Court of Appeal Civil Appeal No. 177 of 2014)
  • Lukwago Erias v KCCA (Supreme Court Civil Application No. 06 of 2014)

Full judgment

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

Robert Muhereza and Another v Victoria Sugar Limited (Miscellaneous Application No. 1781 of 2025) [2025] UGCommC 354 (30 September 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.