Wakilii

Sekamwa Livingstone v Kirumira Muhammad (Civil Application No 1206 of 2023)

Court of Appeal · [2025] UGCA 228 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion to a single Justice of Appeal for a stay of execution pending the hearing of a civil appeal
Decision
Stay of execution granted pending the hearing and final determination of the applicant's civil appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an application to a single Justice for a stay of execution pending appeal, the Court held that the applicant satisfied the established conditions. The applicant had lodged a pending appeal raising genuine triable issues, there was an imminent threat of execution (notices to show cause and a notice of vacant possession having issued), and the balance of convenience favoured him because the suit land was his uncontradicted residence, garden, family home and burial ground. Allowing execution would amount to an automatic eviction rendering a successful appeal nugatory. The application was accordingly granted and the stay ordered pending final determination of the appeal, with costs in the cause.

Outcome

Stay of execution granted pending the hearing and final determination of the applicant's civil appeal

Facts

The applicant lodged a civil appeal challenging the decree in a High Court civil appeal concerning suit land. While that appeal remained pending, the respondent moved to enforce the decree: notices to show cause had been issued, a notice of vacant possession had been served on the applicant, and warrants of arrest had issued. An earlier application for stay made in the High Court had been dismissed. The applicant deposed that the suit land comprised his residence, garden, family home, source of daily sustenance and burial grounds, and that he remained in full occupation, the only completed execution being in respect of costs. He contended he would suffer irreparable loss through eviction. The respondent contended the application was frivolous and that execution was already in advanced stages. The applicant's evidence that the land was his home and livelihood was not contradicted by the respondent.

Issues

  1. Whether the applicant satisfied the conditions for the grant of a stay of execution pending the hearing and determination of his appeal.

Orders

  • The application for a stay of execution succeeds.
  • Stay of execution granted pending the hearing and final determination of the pending civil appeal.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Stay of Execution Pending Appeal — Conditions for Grant
A stay of execution pending appeal may be granted where the applicant has lodged an appeal with a likelihood of success or a prima facie right of appeal, will suffer irreparable damage or have the appeal rendered nugatory if a stay is not granted, the balance of convenience favours the stay, and the application was brought without delay.
Civil Procedure — Stay of Execution — Likelihood of Success — Threshold of Inquiry
On an application for stay of execution the court is not required to examine the merits of the appeal, but only to consider whether it raises genuine triable issues.
Civil Procedure — Stay of Execution — Nugatory Appeal — Eviction from Residence and Livelihood
Where execution would operate as an automatic eviction from land constituting the applicant's residence, livelihood and family burial ground, and that evidence is uncontradicted, the balance of convenience favours a stay because allowing execution would render a successful appeal nugatory.

Legislation cited (5)

Cases cited (4)

  • Lawrence Musiitwa Kyazze v Eunice Businge (Civil Application No. 18 of 1990)
  • Theodore Ssekikubo and Others v Attorney General and Another (Constitutional Application No. 6 of 2013)
  • Consolidated Marine v Nampiija and Another Nairobi Civil Application No. 93 of 1989 (COA)
  • Nsabimana v Iokana and Another (Civil Application No. 222 of 2023)

Full judgment

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

Sekamwa Livingstone v Kirumira Muhammad (Civil Application No 1206 of 2023) [2025] UGCA 228 (11 July 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.