[2021] UGHCCD 212

[2021] UGHCCD 212

The court found that the applicants had lodged an appeal with a high likelihood of success, demonstrated substantial loss if stay was not granted, and filed the application without unreasonable delay. There was an imminent threat of execution, and the applicants were in possession of the suit land and petrol...

Source-derived case information.

Citation
[2021] UGHCCD 212
Parties
Applicant: David Kayongo; Applicant: Namutebi Aida; Respondent: Mukiibi Francis
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
6 May 2021
Case Number
Miscellaneous Application No. 68 of 2020
Procedural Posture
Stay Application / Ruling
Outcome
application allowed
Judges
Katamba Nkwanga, J
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Appeal Likelihood of Success
Source Language
english
Civil Procedure Stay of Execution Security for Due Performance Substantial Loss Appeal Likelihood of Success

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Kayongo

Applicant

Namutebi Aida

Applicant

Mukiibi Francis

Respondent

Procedural Posture

Stay Application / Ruling

Legal Issues

  1. 1 Whether the applicants have demonstrated sufficient grounds for a stay of execution pending appeal.
  2. 2 Whether substantial loss may result to the applicants if stay is not granted.
  3. 3 Whether the application was made without unreasonable delay.

Ratio Decidendi

The court found that the applicants had lodged an appeal with a high likelihood of success, demonstrated substantial loss if stay was not granted, and filed the application without unreasonable delay. There was an imminent threat of execution, and the applicants were in possession of the suit land and petrol station. The court exercised its discretion to grant a stay of execution pending appeal, requiring the applicants to deposit UGX 35,000,000 as security for due performance, considering the sums already paid and the need to protect the respondent's interest. The application was allowed with no order as to costs.

Court Disposition

application allowed

Orders

  • Stay of execution of the decree in Civil Suit No. 36 of 2017 pending determination of Civil Appeal No. 237 of 2020.
  • Applicants to deposit UGX 35,000,000 as security for due performance within 30 days from the date of the order.