Wakilii

Samuel Okurut and Another v Stanbic Bank Limited (Miscellaneous Application 1765 of 2025)

High Court · [2025] UGCOMMC 504 · 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 High Court judgment in Civil Suit No. 097 of 2024
Decision
Application for stay of execution dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for stay of execution dismissed. The court held that the notice of appeal was incompetent for two reasons: it was filed out of time (18 September 2024, beyond the 14-day deadline from the 26 August 2024 judgment) and it was not in the prescribed Form D as it lacked a place for the Registrar's signature. Without a properly lodged appeal, there was no subsisting appeal to which the stay application could attach.

Outcome

Application for stay of execution dismissed with costs to the respondent

Facts

The respondent bank obtained judgment in Civil Suit No. 097 of 2024 against the applicants for recovery of UGX 14,357,098,702 and the right to exercise its power of sale. The respondent filed EMA No. 0441 of 2024 to commence execution. The applicants filed a notice of appeal on 18 September 2024 against the judgment delivered on 26 August 2024, and then filed this application seeking stay of execution pending determination of their appeal. The applicants claimed they had discovered new evidence showing that large sums had been debited from their accounts for debt servicing, which the trial court had not considered. The respondent opposed the application, arguing that the notice of appeal was filed out of time and was not in the prescribed form.

Issues

  1. Whether the application for stay of execution pending appeal should be allowed.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Stay of Execution — Notice of Appeal — Requirement for Proper Filing
An application for stay of execution pending appeal is predicated on a properly lodged appeal. Where the notice of appeal is filed out of time or is not in the prescribed form, there is no subsisting appeal to which the stay application can attach, and the application must be dismissed without consideration of its merits.
Civil Procedure — Appeals — Notice of Appeal — Time Limits and Form Requirements
Under rule 76(2) of the Judicature (Court of Appeal Rules) Directions, a notice of appeal from the High Court must be lodged within fourteen days after the date of the decision being appealed. The notice must also be substantially in Form D as prescribed in the First Schedule. A notice that is filed out of time or that does not conform to the prescribed form is incompetent and cannot stand.

Legislation cited (4)

Cases cited (4)

  • Lawrence Musiitwa Kyazze v Eunice Businge (Supreme Court Civil Application No. 18 of 1990)
  • Kyambogo University v Prof. Isaiah Omolo Ndiege (Court of Appeal Miscellaneous Civil Application No. 341 of 2013)
  • Semakula Musoke and Another v Loris Nabamba (Supreme Court Civil Application No. 22 of 2019)
  • Yorokamu Kasinde and Another v Kihonde Samuel and Another (Court of Appeal Civil Application No. 259 of 2018)

Full judgment

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

Samuel Okurut and Another v Stanbic Bank Limited (Miscellaneous Application 1765 of 2025) [2025] UGCommC 504 (10 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.