Ssentongo v Muwonge and Another (Miscellaneous Application 248 of 2024)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the application for stay of execution was granted on condition that the applicant deposits security for costs within 45 days. The court found the application was filed without undue delay, a notice of appeal was properly lodged, and the applicant would suffer substantial loss if execution proceeded given the land's value of approximately UGX 4 billion. The court ordered security of 40% of the applicant's estimated land value (UGX 4 billion) to be paid as a condition for the stay.

Outcome

Stay of execution granted conditionally — applicant must pay security for costs within 45 days, failing which execution shall proceed

Facts

The applicant was a defendant in Civil Suit No. 454 of 2014. Judgment was delivered on 12 January 2024 ordering, inter alia, that the applicant refund monies paid by the 1st respondent as consideration for land within 60 days and return the certificate of title for plot 2, and that the 1st respondent be given first option to purchase the land on fresh terms. The applicant filed a notice of appeal on 19 January 2024 being dissatisfied with part of the judgment. The 1st respondent initiated execution proceedings and offered the applicant the option to repurchase at UGX 40 million per acre. When the applicant did not respond within 14 days, the 1st respondent sold the land to the 2nd respondent. The applicant then filed this application seeking stay of execution pending appeal.

Issues

1. Whether the application for stay of execution was filed without undue delay.
2. Whether the applicant lodged a notice of appeal and request for certified copies of proceedings.
3. Whether the applicant will suffer substantial loss if the stay of execution is not granted or whether the appeal will be rendered nugatory.
4. Whether security for costs should be required as a condition for granting the stay of execution.

Orders

• Stay of execution granted on condition that 40% of the estimated value of UGX 4 billion be paid as security for costs within 45 days from the date of delivery of this ruling.
• Upon failure to pay the said security of costs within the stated period, the respondent shall proceed with execution of the decree.
• No order as to costs.

Rules and key headnotes

Legislation cited (5)

• Civil Procedure Rules O.43 r.4
• Civil Procedure Rules O.43 r.5
• Civil Procedure Rules O.53 r.1
• Civil Procedure Rules O.53 r.2
• Civil Procedure Act s.98

Cases cited (2)

• Attorney General v Eddie Kwizera (Constitutional Application No. 1 of 2020)
• Tropical Commodities Suppliers Ltd & 2 Others v International Credit Bank Ltd (In Liquidation) (HCMA No. 379 of 2003)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Tuwei Muhammad Kiprugu and Others v Eastern Uganda Agriculture Limited and Others (Civil Appeal No. 45 of 2025)

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