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Ndaula Arafat and Another v Kasibante James Zawula (Miscellaneous Application No. 137 of 2025) [2025] UGHCLD 91 (19 June 2025)
- Citation
- [2025] UGHCLD 91
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Miscellaneous Application No. 137 of 2025
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Miscellaneous Application No. 137 of 2025
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant had not filed any application to set aside the exparte judgment, and was merely seeking a stay of execution without any pending substantive matter before the court. The court emphasized that a stay of execution is only appropriate where it is ancillary to a pending application or proceeding, and cannot be granted in perpetuity. The absence of any such application rendered the request for a stay of execution baseless and amounted to an abuse of court process. Consequently, the application was dismissed with costs to the respondent.
Court disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs to the respondent.
02
Material facts
Parties
Ndaula Arafat
Applicant Counsel: Mr. Mungi MichaelYiga Shaban
Applicant Counsel: Mr. Twehereirwe BrunoKasibante James Zawula
Respondent Counsel: Ms. Nsekanaabwe Immaculate03
Procedural history
Posture
Stay Application / Ruling on Application for Stay of Execution
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to a stay of execution in the absence of a pending application to set aside the exparte judgment.
- 02
Whether failure to serve Summons to file defence justifies a stay of execution without further action by the applicant.
- 03
Whether the application amounts to an abuse of court process.
Party arguments
- Applicant
- The applicant seeks a stay of execution on the grounds that he was not served with Summons to file defence in Civil Suit No. 792 of 2019 and was only served with Notice to Show Cause why execution should not issue. He intends to apply for review and setting aside of the exparte judgment.
- Respondent
- The respondent, through counsel, opposes the application, arguing that there is no pending application to set aside the exparte judgment and that the stay of execution cannot be granted in perpetuity without a substantive matter before the court.
05
Court’s reasoning
Legal principles
- 01
Ugandan civil procedure jurisprudence
A stay of execution may only be granted where there is a pending substantive matter before the court, such as an application to set aside an exparte judgment.
- 02
General principles of civil procedure
The court cannot grant a stay of execution indefinitely in the absence of a pending application or substantive proceedings.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant had not filed any application to set aside the exparte judgment, and was merely seeking a stay of execution without any pending substantive matter before the court. The court emphasized that a stay of execution is only appropriate where it is ancillary to a pending application or proceeding, and cannot be granted in perpetuity. The absence of any such application rendered the request for a stay of execution baseless and amounted to an abuse of court process. Consequently, the application was dismissed with costs to the respondent.
Obiter and limits
- The court cannot stay execution in eternity; any stay must be pending disposal of some matter in court.
Court disposition
application dismissed with costs
- The application for stay of execution is dismissed with costs to the respondent.
Source and reliance status
HC: Land Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Land Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) MISCELLANEOUS APPLICATION NO. 137 OF 2025 (ARISING FROM EMA NO. 227 OF 2024) (ARISING FROM CIVIL SUIT NO. 792 OF 2019)
1. NDAULA ARAFAT
2. YIGA SHABAN :::::::::::::::::::::::::::::::::::::::::: APPLICANTS
VERSUS
KASIBANTE JAMES ZAWULA ::::::::::::::::::::::: RESPONDENT BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU PROCEEDINGS:
Date: 16/5/2025
Matter was scheduled for 19/5/2025. However, trial judge has another official date. It is therefore adjourned to 19/6/2025 at 10:30a.m.
Signed: Flavia Nassuna Matovu Judge
Date: 19/6/2025 at 10:30a.m.
Mr. Mungi Michael and Mr. Twehereirwe Bruno from M/s Factum Associated Advocates for applicant.
Applicant: absent
Respondent: present
Ms. Nsekanaabwe Immaculate from M/s Sterlin Associated Advocates for Respondent.
Mr. Tuhereirwe:
I am ready to proceed. The applicant is seeking for stay of execution because he was not served with Summons to file defence in Civil Suit No. 792 of 2019. He was only served with Notice to Show Cause why execution should not issue.
He has intentions of applying for review and setting aside of the exparte judgment.
Court Ruling:
After carefully studying the pleadings in this application, I have noted as follows:-
- a) The applicant is merely seeking for an order of stay of execution without any pending matter in the court. - b) Wheras it might be true that he was not served with Summons to file defence, he has not filed any application to set aside the exparte judgment that was passed against him. - c) The court cannot stay execution in eternity. Any stay of execution should be pending disposal of some matter in court. - d) The application is therefore an abuse of court process and is accordingly hereby dismissed with costs to the Respondents.
Judge
19/6/2025
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