Wakilii

Sophie Baluka Kalukusu Herzogenrath v William Kyagulanyi (Miscellaneous Application No. 3299 of 2024)

High Court · [2025] UGHCLD 339 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judgment pending determination of application for enlargement of time to file notice of appeal
Decision
Stay of execution granted pending determination of application for enlargement of time to appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted a stay of execution of a judgment in a trespass suit pending determination of an application for enlargement of time to file a notice of appeal. The court distinguished this application from a stay pending appeal, applying Order 22 Rule 26 of the Civil Procedure Rules which permits stay where a suit is pending before the same court. The court found it in the interests of justice to preserve the status quo for the short period until the enlargement application would be determined.

Outcome

Stay of execution granted pending determination of application for enlargement of time to appeal

Facts

The applicant was plaintiff in Civil Suit No. 575 of 2015 concerning land comprised in Busiro Block 423 Plot 172 at Mbubuli. Judgment was delivered against her on 28 June 2024 awarding the respondent general damages of UGX 50,000,000 and special damages of UGX 150,000,000. The applicant, who resides in Germany, instructed her former lawyers to file an appeal but they failed to do so within the prescribed time. She subsequently instructed new lawyers who filed Miscellaneous Application No. 2940 of 2024 seeking enlargement of time to file a notice of appeal. Meanwhile, the respondent filed Execution Miscellaneous Application No. 0317 of 2024 seeking attachment and sale of the applicant's structures on Plot 171. The applicant then filed this application seeking stay of execution pending determination of the enlargement application.

Issues

  1. Whether the applicants have furnished sufficient grounds for grant of an order of stay of execution?

Orders

  • The execution of Orders and/or Decree in Civil Suit No. 575 of 2016 is stayed pending the hearing and determination of Miscellaneous Application No. 2940 of 2024.
  • The stay of execution shall only be effective until the determination of Miscellaneous Application No. 2940 of 2024.
  • There is no order for costs.

Rules and key headnotes

Civil Procedure — Stay of Execution — Distinction Between Stay Pending Appeal and Stay Pending Determination of Interlocutory Application
An application for stay of execution pending determination of an application for enlargement of time to file a notice of appeal is governed by Order 22 Rule 26 of the Civil Procedure Rules, not Order 43 Rule 4 which applies to stay pending appeal. Order 22 Rule 26 permits the court to stay execution where a suit is pending before it against the decree holder, on such terms as to security or otherwise as it thinks fit.
Civil Procedure — Stay of Execution — Interests of Justice and Balance of Convenience
In determining whether to grant a stay of execution pending determination of an interlocutory application, the court will consider the interests of justice and the level of inconvenience to the respondent. Where the interlocutory application is scheduled for imminent determination, the inconvenience to the respondent will not be protracted and this weighs in favour of granting the stay.

Legislation cited (6)

Cases cited (1)

  • Lawrence Musiitwa Kyazze v Eunice Busingye (SCCA No. 18 of 1990)

Full judgment

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

Sophie_Baluka_Kalukusu_Herzogenrath_v_William_Kyagulanyi_(Miscellaneous_Application_No._3299_of_2024)_[2025]_UGHCLD_339_(28_October_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.