Stanbic Bank Uganda Limited v Vegol Limited (Miscellaneous Application No. 52 of 2026)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for stay of execution pending appeal partly granted. Court held that applicant satisfied four of the five mandatory grounds for stay: notice of appeal filed, no unreasonable delay, imminent threat of execution exists, and substantial loss would occur. However, applicant failed to offer security for due performance of the decree. Court ordered applicant to deposit UGX 200,000,000 as security within 14 days, failing which the application would be rendered nugatory.
Outcome
Stay of execution granted conditional upon applicant depositing UGX 200,000,000 as security within 14 days
Facts
Vegol Limited obtained default judgment against Sanjay Trading Co. Limited in Civil Suit No. 388 of 2022 for UGX 878,094,203.33. Vegol commenced garnishee proceedings against Stanbic Bank Uganda Limited (the applicant) among other banks. The court entered garnishee nisi and subsequently garnishee absolute against the applicant. Contempt proceedings were commenced against the applicant for non-payment, and an order of contempt was entered. The applicant's applications to set aside the garnishee order absolute and contempt order were dismissed with costs. The applicant's application for leave to appeal to the Court of Appeal was also dismissed. The applicant filed a notice of appeal and this application seeking stay of execution pending the appeal. Vegol had filed Miscellaneous Application No. 381 of 2024 seeking to garnishee the applicant's account with Bank of Uganda.
Issues
- Whether there is a basis to grant the application for stay of execution pending appeal.
- What remedies are available to the parties.
Orders
- Application for stay of execution pending appeal partly granted.
- Applicant to deposit UGX 200,000,000 (Uganda Shillings Two Hundred Million only) as security for the due performance of the decree within 14 days of this order.
- Failure to deposit security within 14 days shall render this application nugatory.
Rules and key headnotes
Legislation cited (9)
Cases cited (9)
- Musiitwa Kyazze v Busingye (Civil Application No. 18 of 1990)
- Kyambogo University v Prof. Isaiah Omolo Ndiege (Civil Appeal No. 341 of 2013)
- Senkungu & 4 Ors v Mukasa (Civil Appeal No. 17 of 2014)
- Jovelyn Barugahare v Attorney General (SCCA No. 28 of 1993)
- Tropical Commodities Supplies Ltd & 2 Others v International Credit Bank Ltd (In Liquidation) [2004] 2 EA 331
- Uganda Revenue Authority v National Social Security Fund (Civil Application No. 43 of 2023)
- Kawanga v Namyalo & Anor (Miscellaneous Application No. 12 of 2017)
- DFCU Bank Ltd v Dr. Ann Parsis Nakate Lusejjere (CA Civil Application No. 29 of 2003)
- Galiwango's case
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.