Wakilii

Stanbic Bank Uganda Limited v Vegol Limited (Miscellaneous Application No. 52 of 2026)

High Court · [2026] UGCOMMC 174 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal to the Court of Appeal
Decision
Stay of execution granted conditional upon applicant depositing UGX 200,000,000 as security within 14 days

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

  1. Whether there is a basis to grant the application for stay of execution pending appeal.
  2. 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

Civil Procedure — Stay of Execution — Grounds for Grant
An applicant seeking stay of execution pending appeal must satisfy five mandatory grounds: (1) a notice of appeal has been filed; (2) the application was made without unreasonable delay; (3) there is serious or imminent threat of execution; (4) substantial loss may occur to the applicant unless stay is granted; and (5) the applicant has given security for due performance of the decree as may ultimately be binding upon him.
Civil Procedure — Stay of Execution — Substantial Loss
Substantial loss is a qualitative concept referring to any loss, great or small, that is of real worth or value, as distinguished from a loss without value or a loss that is merely nominal. It does not represent any particular amount or size and cannot be quantified by any particular mathematical formula.
Civil Procedure — Stay of Execution — Security for Due Performance
The requirement for security to be given by an applicant for stay of execution is mandatory and is intended to ensure that a losing party does not intentionally frustrate the execution process by filing unnecessary applications or frivolous and vexatious appeals. Failure to indicate willingness to provide security or to deposit security as ordered results in failure of the application.

Legislation cited (9)

Cases cited (9)

Full judgment

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

Stanbic Bank Uganda Limited v Vegol Limited (Miscellaneous Application No. 52 of 2026) [2026] UGCommC 174 (27 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.