Wakilii

Sheikh Hussien Ssengendo v Hajat Nambi Lugwisa (Miscellaneous Application No. 1386 of 2025)

High Court · [2025] UGHCLD 321 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary stay of execution pending appeal to the Court of Appeal
Decision
Stay of execution granted upon payment of security of UGX 10,000,000 pending determination of appeal in the Court of Appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a temporary stay of execution of a decree pending appeal to the Court of Appeal, upon the applicant paying security of UGX 10,000,000 for due performance of the decree. The court applied the five conditions from Lawrence Musitwa Kyazze v Eunice Busingye and found that the applicant satisfied all requirements: he had lodged a notice of appeal, there was imminent threat of execution that would render the appeal nugatory, he would suffer substantial loss through eviction from his matrimonial home, the application was made without unreasonable delay, and security for due performance was ordered to protect the respondent's interests.

Outcome

Stay of execution granted upon payment of security of UGX 10,000,000 pending determination of appeal in the Court of Appeal

Facts

The applicant was sued by the respondent in the Chief Magistrate's Court at Makindye in Civil Suit No. 29 of 2018. The trial court declared the applicant a trespasser, issued an eviction order, awarded general damages of UGX 7,000,000 with 10% interest, and awarded costs to the respondent. The applicant appealed to the High Court in Civil Appeal No. 188 of 2023, which dismissed the appeal and upheld the lower court's decision on 2 December 2024. The applicant then filed a second appeal to the Court of Appeal (Civil Appeal No. 1057 of 2024) on 9 December 2024. The respondent commenced execution proceedings by filing a bill of costs for taxation, with a hearing scheduled for 26 June 2025. The applicant resides on the suit kibanja with his family in his matrimonial home. The respondent has never been in occupation of the suit land.

Issues

  1. Whether the application merits the grant of an order for stay of execution pending the determination of the appeal?
  2. What remedies are available to the parties?

Orders

  • The execution of the decree from Civil Appeal No. 188 of 2023 against the applicant be stayed pending the determination of the applicant's appeal vide Civil Appeal No. 144 of 2024 upon payment of UGX 10,000,000 (Ten Million Ugandan Shillings) for due performance of the decree.
  • The costs of the application will abide the outcome of the appeal in the Court of Appeal.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for Grant — Five-Part Test
An application for stay of execution pending appeal to the Court of Appeal must satisfy five conditions: the applicant must show that he lodged a notice of appeal; there must be a serious and imminent threat of execution that would render the appeal nugatory; substantial loss may result to the applicant unless the stay is granted; the application must be made without unreasonable delay; and the applicant must give security for due performance of the decree.
Civil Procedure — Stay of Execution — Imminent Threat — Reversibility Test
To satisfy the condition of imminent threat of execution rendering an appeal nugatory, the court must consider whether what is sought to be stayed, if allowed to happen, will be reversible, or if not reversible whether damages will reasonably compensate the aggrieved party, or whether it is in the public interest to grant the stay.
Civil Procedure — Stay of Execution — Substantial Loss — Meaning and Application
The phrase 'substantial loss' does not represent any particular amount or size and cannot be qualified by any particular mathematical formula. It refers to any loss, great or small, of real worth or value as distinguished from loss that is merely nominal.
Civil Procedure — Stay of Execution — Security for Due Performance — Purpose and Discretion
The requirement for security for due performance of a decree is not intended to fetter the right of appeal but to ensure that courts do not assist litigants to delay execution through filing vexatious and frivolous appeals. The decision to order security must be made in consonance with the probability of success and according to the merits of each case.
Civil Procedure — Affidavit Evidence — Unrebutted Facts — Presumption of Acceptance
Where facts are sworn to in an affidavit and they are not denied or rebutted by the opposite party, the presumption is that such facts are accepted.

Legislation cited (11)

Cases cited (8)

  • Wilson v Church (1879) 12 Ch D 454
  • Singh v Runda Coffee Estates Limited (1966) EA
  • Lawrence Musitwa Kyazze v Eunice Busingye (Supreme Court Civil Appeal No. 18 of 1990)
  • Theodore Sekikubo and Others v The Attorney General and Others (Constitutional Application No. 03 of 2014)
  • Kyambogo University v Prof Isaiah Omolo Ndiege (Court of Appeal Civil Appeal No. 341 of 2013)
  • Samwiri Massa v Rose Achen (1978) HCB 297
  • Tropical Commodities Supplies Limited & 2 Others v International Credit Bank Limited (in liquidation) (2004) EA
  • John Baptist Kawanga v Namyalo Kevina & Another (High Court Miscellaneous Application No. 12 of 2017)

Full judgment

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

Sheikh_Hussien_Ssengendo_v_Hajat_Nambi_Lugwisa_(Miscellaneous_Application_No._1386_of_2025)_[2025]_UGHCLD_321_(18_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.