Wakilii

Semakula Stephen v Kibuuka Herbert (Civil Application 581 of 2026)

Court of Appeal · [2026] UGCA 171 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single Judge of the Court of Appeal for stay of execution pending appeal.
Decision
Application for stay of execution dismissed.

Observed later treatment

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Holding

The applicant sought a stay of execution pending his appeal against the dismissal of a High Court revision application. Sitting as a single Judge, the Court of Appeal held that the right of appeal is purely a creature of statute and that no appeal lies from a High Court revision decision, since Section 83 of the Civil Procedure Act does not provide for one and such a decision is final. The proposed appeal was therefore incompetent for want of jurisdiction, so the applicant could not establish a prima facie case with a likelihood of success — the first condition for a stay. The application was accordingly dismissed.

Outcome

Application for stay of execution dismissed.

Facts

The underlying dispute originated in Civil Suit No. 10 of 2003/2006, handled by the Magistrate Grade One Court at Mengo (Nateete), later referred to as Mwanga II Court, Kampala. Dissatisfied with the judgment and decree, the applicant sought revision in High Court Civil Revision No. 2015 of 2015. On 31 March 2021, Lady Justice Olive Kazaarwe Mukwaya dismissed the revision, finding inordinate and unexplained delay and apparent concealment of earlier proceedings. The applicant then lodged Civil Appeal No. 362 of 2021 in the Court of Appeal. After the appeal was lodged, the respondent commenced execution, relying on a Notice of Eviction/Vacant Possession requiring the applicant to vacate the suit property. An earlier stay application in the High Court (Miscellaneous Application No. 2269 of 2021) had been dismissed. The applicant then moved the Court of Appeal for a stay of execution pending the hearing of his appeal.

Issues

  1. Whether the applicant satisfied the conditions for a stay of execution pending appeal.
  2. Whether an appeal lies to the Court of Appeal from a decision of the High Court dismissing an application for revision, such that the applicant could show a prima facie case with a likelihood of success.

Orders

  • Application dismissed.
  • Both counsel for the Applicant and the Respondent penalised in costs for non-appearance, such costs to be paid to the Applicant.

Rules and key headnotes

Civil Procedure — Stay of Execution Pending Appeal — Governing Conditions
An applicant for a stay of execution pending appeal must establish a pending appeal with a likelihood of success or at least a prima facie arguable case, that irreparable damage will result or the appeal be rendered nugatory if stay is refused, and, where those are not clearly established, that the balance of convenience favours a stay; the application must be brought without unreasonable delay and the court may require security for due performance.
Statutory Interpretation — Right of Appeal — Creature of Statute — No Inherent Appellate Jurisdiction
A right of appeal exists only where a statute expressly provides for it; there is no such thing as inherent appellate jurisdiction, and a court does not assume appellate authority unless it is expressly conferred by law.
Civil Procedure — Revision — No Appeal from a High Court Revision Order
No appeal lies to the Court of Appeal from a decision of the High Court made in the exercise of its revisionary jurisdiction, because Section 83 of the Civil Procedure Act does not provide for such an appeal and a revision decision is therefore final.
Civil Procedure — Stay of Execution — Incompetent Appeal — Absence of Prima Facie Case
Where the intended appeal is incompetent for want of appellate jurisdiction, the applicant cannot establish a prima facie case with a likelihood of success, the first condition for a stay of execution is not satisfied, and the application for stay must be refused.

Legislation cited (10)

Cases cited (3)

  • Hon. Theodore Ssekikubo and Others v Attorney General and Another (Constitutional Application No. 6 of 2013)
  • Eseza Bgakika v National Social Security Fund [2025] UGSC 77
  • Faustlne M,o,mbara a Benon Sebufisho, SCCzI .I\Io. Oa of 2027

Full judgment

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

Semakula Stephen v Kibuuka Herbert (Civil Application 581 of 2026) [2026] UGCA 171 (28 April 2026)
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.