Wakilii

The Microfinance Support Centre v Kasese Hospital Limited and Others (Civil Application No. 131 of 2025)

Court of Appeal · [2025] UGCA 264 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single Justice of the Court of Appeal for a stay of execution and stay of proceedings pending the hearing of a related civil application for leave to appeal
Decision
Application for stay of execution dismissed with costs in the cause

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The single Justice held that the Court's power to grant a stay of execution under Rule 6(2) of the Judicature (Court of Appeal Rules) Directions is available only where a notice of appeal has been lodged in accordance with Rule 76. The applicant had filed only an application for leave to appeal against the trial court's orders and had not lodged a notice of appeal as required by Rule 76(1) and (4). With no appeal lodged before the Court, there was no basis to grant a stay. The application was found to have no merit and was dismissed with costs in the cause.

Outcome

Application for stay of execution dismissed with costs in the cause

Facts

The applicant had filed Originating Summons No. 79 of 2022 seeking vacant possession arising from a High Court civil suit; it was withdrawn with costs to the respondents. The respondents filed a taxation application which the Registrar taxed at UGX 16,227,597. The applicant filed an application to set aside those costs on grounds of fraud and misrepresentation, which was dismissed. The applicant then filed Miscellaneous Application No. 125 of 2025 seeking leave to appeal that ruling. Earlier, the respondents had moved to execute the bill of costs by attaching the applicant's bank accounts, and the High Court at Kasese granted a garnishee order nisi on 5 March 2024, with the respondents in the process of obtaining a garnishee order absolute. The applicant sought a stay of execution and proceedings pending determination of its application for leave to appeal, to prevent the appeal being rendered nugatory.

Issues

  1. Whether the Court of Appeal can grant a stay of execution under Rule 6(2) of the Court of Appeal Rules where the applicant has not lodged a notice of appeal but has only filed an application for leave to appeal.

Orders

  • The application is dismissed.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Stay of Execution — Precondition of a Lodged Notice of Appeal under Rule 6(2) and Rule 76
The Court of Appeal's discretion to order a stay of execution under Rule 6(2) of the Judicature (Court of Appeal Rules) Directions is exercisable only where a notice of appeal has been lodged in accordance with Rule 76; an application for leave to appeal is not an appeal and does not satisfy that precondition, so absent a lodged notice of appeal there is no basis to grant a stay.
Civil Procedure — Stay of Execution — Notice of Appeal May Precede Grant of Leave under Rule 76(4)
Where an appeal lies only with the leave of the court or a certificate, Rule 76(4) provides that it is not necessary to obtain the leave or certificate before lodging a notice of appeal; a party may therefore lodge the notice of appeal within fourteen days of the decision under Rule 76(1) notwithstanding a pending leave application.

Legislation cited (3)

Cases cited (6)

  • Uganda Revenue Authority v John Maniraguha (Civil Application No. 147 of 2023)
  • Nahurira Haam & 2 Others v Lwanga Mike (Civil Application No. 1021 of 2023)
  • Dr. Ahmmed Muhammed Kisuule vs Greenland Bank (In Liquidation) S.C.C.A No. of 2020
  • PK Sengendo v Busulwa Lawrence & Anor [2014] UGCA 17
  • Hon. Theodore Ssekikubo & Others v Attorney General and 4 Others (Constitutional Application No. 06 of 2013)
  • Lubega Moses v Nassimbwa Sylvia (Miscellaneous Application No. 122 of 2021)

Full judgment

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

The Microfinance Support Centre v Kasese Hospital Limited and Others (Civil Application No. 131 of 2025) [2025] UGCA 264 (8 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.