Wakilii

Stephen Wasswa and 3 Others v Teopista Nabunya (Miscellaneous Application No. 1638 of 2025)

High Court · [2025] UGHCLD 247 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim stay of execution pending determination of main stay application
Decision
Interim stay of execution granted pending determination of main stay application

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

An interim stay of execution will be granted where a substantive application for stay is pending and there is a serious threat of execution before the hearing of that application. The court found that the applicants faced imminent threats of arrest and detention in civil prison, eviction from their family homes, and sale of the suit land, satisfying the requirements for an interim stay.

Outcome

Interim stay of execution granted pending determination of main stay application

Facts

The respondent obtained judgment against the applicants in Civil Suit No. 59 of 2017 at the Chief Magistrates Court of Nakawa for recovery of land at Kireka A Zone. The applicants appealed to the High Court (Civil Appeal No. 23 of 2020) where the respondent was partially victorious. The applicants then appealed to the Court of Appeal (Civil Appeal No. 248 of 2025), which remains pending. The respondent filed for execution of the High Court decree, and a warrant of arrest was issued against the applicants. The respondent also brought potential buyers to the suit land with the aim of selling it. The applicants filed a main application for stay of execution (Miscellaneous Application No. 1637 of 2025) and this interim application to stay execution pending determination of the main application. The applicants claimed they had lived on the land for over 20 years and built their family homes there.

Issues

  1. Whether the Application raises sufficient ground for the grant of an interim order for stay of execution?

Orders

  • Application granted.
  • An interim order is granted staying the execution of orders in Civil Appeal No. 23 of 2020 pending the hearing and determination of the main application for stay of execution (Miscellaneous Application No. 1637 of 2025).
  • The costs of this Application shall abide the outcome of the main application (Miscellaneous Application No. 1637 of 2025).

Rules and key headnotes

Civil Procedure — Stay of Execution — Interim Stay — Requirements
For an application for an interim order of stay of execution, it suffices to show that a substantive application for stay is pending and that there is a serious threat of execution before the hearing of the pending application.
Civil Procedure — Service of Process — Electronic Service via ECCMIS
Where the electronic mode used is designed or structured purposely with the intended result of notifying the opposing party of the existence of court proceedings, such as ECCMIS, the recipient will be deemed to have been duly served upon validation of the court process intended to be served, and service is effective for all parties whose contact information is already uploaded in the system.

Legislation cited (3)

Cases cited (2)

  • Hwang Sung Industries Ltd v Tajdin Hussein and Others (Supreme Court Civil Application No. 19 of 2008)
  • Visare Uganda Limited v Festas Kateregga trading as Quickway Auctioneers and 3 Others (Miscellaneous Application No. 2855 of 2023)

Full judgment

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

Stephen_Wasswa_and_3_Others_v_Teopista_Nabunya_(Miscellaneous_Application_No._1638_of_2025)_[2025]_UGHCLD_247_(15_August_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.