Transafrica Assurance Company Limited v Tembo Steels Limited (Miscellaneous Application No. 1099 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Application for stay of execution pending appeal dismissed. Court held that applicant failed to satisfy four of the five mandatory criteria under Order 43 Rule 4 of the Civil Procedure Rules: no properly filed notice of appeal, unreasonable delay of over 360 days, no imminent threat of execution as decree already executed, and no evidence of substantial loss. Only willingness to provide security was established. Application dismissed with costs.

Outcome

Application for stay of execution dismissed with costs to the respondent

Facts

Transafrica Assurance Company Limited filed an appeal on 18 July 2023 against a judgment of the Chief Magistrate's Court delivered on 16 September 2023 in favour of Tembo Steels Limited. The appeal challenged findings that no contract existed between the parties. On 12 June 2024, nearly one year after filing the appeal, the applicant sought to stay execution of the decree in EMA No. 0663 of 2024 and orders in EMA No. 0245 of 2024, all arising from Civil Suit No. 0398 of 2020. Evidence showed that execution had already been completed, with payment made by the applicant, though the applicant contended UGX 3,658,000 remained unpaid without supporting evidence.

Issues

1. Whether the application meets the criteria for the orders sought?
2. What remedies are available?

Orders

• Application dismissed.
• Costs awarded to the Respondent.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules SI 71-1 Order 43 Rule 4(1)
• Civil Procedure Rules SI 71-1 Order 43 Rule 4(3)
• Civil Procedure Rules SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 52 Rule 2
• Civil Procedure Rules SI 71-1 Order 15 Rule 3
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Act Cap 282 s.34

Cases cited (6)

• Musiitwa Kyazze v Busingye (Civil Application No. 18 of 1990)
• Kyambogo University v Prof. Isaiah Omolo Ndiege (Civil Appeal No. 341 of 2013)
• 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 (Civil Application No. 29 of 2003)

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