Wakilii

Uganda Railways Corporation v Ponziano Nyeko (Miscellaneous Application 1841 of 2024)

High Court · [2025] UGCOMMC 372 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from dismissal of review application
Decision
Application for stay of execution dismissed; respondent may proceed with execution of the decree in Civil Suit No. 158 of 2014

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for stay of execution. While the applicant satisfied the requirements of filing a notice of appeal without unreasonable delay and demonstrated an imminent threat of execution, the applicant failed to prove substantial loss beyond ordinary monetary loss, failed to provide security for costs, and did not provide sufficient material to assess the likelihood of success of the intended appeal. The court held that granting a stay would inflict greater hardship on the respondent who had been waiting nearly three years to enjoy the fruits of judgment.

Outcome

Application for stay of execution dismissed; respondent may proceed with execution of the decree in Civil Suit No. 158 of 2014

Facts

The respondent obtained judgment in Civil Suit No. 158 of 2014 on 31 August 2022 for breach of contract. The applicant filed a review application (Miscellaneous Application No. 2560 of 2023) which was dismissed on 6 August 2024. The applicant filed a notice of appeal on 12 August 2024 and then brought this application seeking a stay of execution pending appeal. The respondent had filed execution proceedings (EMA No. 0384 of 2024) and an application for garnishee proceedings. The applicant argued that execution would cause substantial and irreparable loss and that the appeal had a high likelihood of success. The respondent opposed, arguing that leave to appeal had not been granted, that no substantial loss was demonstrated, and that the applicant had not provided security for costs.

Issues

  1. Whether this is a proper case for the grant of a stay of execution pending the hearing and determination of the appeal.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Stay of Execution — Requirements for Grant
An applicant seeking a stay of execution pending appeal must prove: (a) that a notice of appeal has been lodged; (b) that substantial loss may result unless the stay is granted; (c) that the application has been made without unreasonable delay; (d) that security has been given for due performance of the decree; (e) that there is a serious and imminent threat of execution; and (f) that refusal to grant the stay would inflict greater hardship than it would avoid.
Civil Procedure — Stay of Execution — Imminent Threat of Execution
An order of stay will issue only if there is actual or presently threatened execution. There must be a direct and immediate danger of execution of the decree. Steps that demonstrate a serious expression of intent include extracting the decree, presenting and having a bill of costs taxed, applying for issuance of a warrant of execution, and issuing a notice to show cause why execution should not issue. The fact that a notice to show cause has been adjourned does not negate its existence as evidence of imminent threat.
Civil Procedure — Stay of Execution — Substantial Loss
It is not enough to merely repeat the words of the code and state that substantial loss will result; the kind of loss must be specified, details must be given, and the conscience of the court must be satisfied that such loss will ensue. The words 'substantial loss' must mean something in addition to and different from the ordinary loss to which every judgment debtor is necessarily subjected when he loses his case and is deprived of his property in consequence.
Civil Procedure — Stay of Execution — Money Decrees
Execution of a money decree is ordinarily not stayed since satisfaction of a money decree does not amount to substantial loss or irreparable injury to the applicant, where the respondent is not impecunious, as the remedy of restitution is available to the applicant in the event the appeal is allowed. An applicant must demonstrate that the respondent is impecunious or that execution would have an irreversible effect such as frustrating operational capacity, ability to pay employees, or threatening the applicant's very existence.
Civil Procedure — Stay of Execution — Security for Costs
Courts have been reluctant to order security for due performance of the entire decretal amount as this is likely to stifle appeals. Rather, courts have been keen to order security for costs. The payment of security for costs is intended to operate as a shield against the filing of frivolous and vexatious appeals which may never succeed yet have an effect in escalating trial costs. Security for costs operates as an insurance cover meant to indemnify the judgment creditor in the event the appeal fails without recourse to vigorous processes of recovering such costs.
Civil Procedure — Stay of Execution — Balancing Hardship
In determining whether to grant a stay of execution, the court must balance the interest of the applicant who is seeking to preserve the status quo pending the hearing of the appeal so that the appeal is not rendered nugatory and the interest of the respondent who is seeking to enjoy the fruits of judgment. A successful litigant has a vested right to enjoy the fruits of judgment, and depriving a successful party of the ability to execute a valid decree without compelling reasons would amount to a denial of justice.

Legislation cited (6)

Cases cited (11)

  • Lawrence Musiitwa v Itobu Margret (Miscellaneous Application No. 0160 of 2022)
  • Hon. Theodore Ssekikubo & others v Attorney General & others (Constitutional Application No. 03 of 2014)
  • Kyambogo University v Prof. Isiah Omolo Ndiege (Court of Appeal Civil Appeal No. 341 of 2013)
  • Formula Feeds Ltd v KCB Bank Ltd (Miscellaneous Application No. 1647 of 2022)
  • Baguma Paul T/A Panache Associates v Eng. Karuma Kagyina (Miscellaneous Application No. 460 of 2020)
  • Orient Bank Ltd v Zaabwe & Others (Miscellaneous Application No. 19 of 2006)
  • Tanzania Cotton Marketing Board v Coqecot Cotton Co. SA (1995-1998) 1 E.A 312
  • Bansidhav v Pribku Dayal AIR 41 1954
  • Kisaalu Joseph & 10 others v Nakintu May & Anor (Miscellaneous Application No. 105 of 2020)
  • Shem Mpanga Mukasa & Anor v Kizza Clessy Barya (Miscellaneous Application No. 479 of 2021)
  • Wandera Michael v Baguma Samalie (Miscellaneous Application No. 36 of 2021)

Full judgment

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

Uganda Railways Corporation v Ponziano Nyeko (Miscellaneous Application 1841 of 2024) [2025] UGCommC 372 (20 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.