Wakilii

Sekamwa v Kirumira (MA 1779 of 2022)

High Court · [2023] UGHCLD 409 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of decree pending appeal to Court of Appeal
Decision
Application for stay of execution dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for stay of execution of a decree pending appeal was dismissed where the applicant failed to demonstrate substantial loss beyond ordinary consequences of an adverse judgment, presented the application 4 years and 8 months after judgment (unreasonable delay), and did not prove the conditions under Order 43 rule 4(3) of the Civil Procedure Rules.

Outcome

Application for stay of execution dismissed with costs

Facts

The applicant filed an application seeking to stay execution of the decree in Civil Appeal No. 122 of 2017 pending determination of an intended appeal to the Court of Appeal. The applicant had lodged a notice of appeal against the judgment of the High Court Land Division. The applicant contended that he would suffer substantial loss if execution proceeded, that he had been served with a notice to show cause, and that the intended appeal had a high probability of success. The application was filed on 31 October 2022, approximately 4 years and 8 months after the judgment sought to be stayed. The respondent did not file a reply, and the application proceeded ex parte.

Issues

  1. Whether the applicant satisfied the conditions for grant of stay of execution of decree pending appeal.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant
For a court to grant an application for stay of execution pending appeal, the applicant must satisfy the conditions set out under Order 43 rule 4(3) of the Civil Procedure Rules: (i) lodging a notice of appeal; (ii) showing that substantial loss may result unless stay is granted; (iii) making the application without unreasonable delay; (iv) giving security for due performance of the decree; (v) demonstrating a serious or imminent threat of execution and that refusal would render the appeal nugatory; and (vi) showing that refusal would inflict more hardship than it would avoid.
Civil Procedure — Stay of Execution — Substantial Loss — Burden of Proof
An applicant for stay of execution must not only plead but also prove substantial loss. It is insufficient to repeat the words of the code and make vague and general assertions; the applicant must lay the basis upon which the court can find that substantial loss will be suffered, and the kind of loss must be specified. Substantial loss must mean something in addition to and different from the ordinary loss to which every judgment debtor is subjected when deprived of property in consequence of losing a case.
Civil Procedure — Stay of Execution — Unreasonable Delay
An application for stay of execution filed 4 years and 8 months after the date of judgment constitutes unreasonable delay in presenting the application and is a ground for refusing the stay.

Legislation cited (6)

Cases cited (2)

  • Pan African Insurance Company (U) Ltd v International Air Transport Association (Misc. Application No. 86 of 2006)
  • Banshidar vs Pribku Dayal Air 41 1954

Full judgment

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

Sekamwa_v_Kirumira_(MA_1779_of_2022)_[2023]_UGHCLD_409_(3_November_2023)
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.