Roko Construction Limited v Pramukh Steel Limited (Miscellaneous Application No. 74 of 2025) [2025] UGCommC 117 (4 June 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 74 of 2025
Judge
Dr. Ginamia Melody Ngwatu, J
The High Court dismissed Roko Construction’s application for stay of execution pending appeal, finding no proof of likely success or substantial loss.
Byamugisha and Others v Kasisiri and Another (MISC. APPLICATION NO. 074 OF 2023) [2025] UGHC 236 (3 February 2025)
Court
High Court of Uganda
Case number
MISC. APPLICATION NO. 074 OF 2023
Judge
Byaruhanga Rugyema, J
The court found that the applicants had filed their appeal and application for stay of execution promptly, satisfying the requirement of absence of unreasonable delay. While the applicants did not provide sufficient evidence of substantial loss, the court recognized their right to appeal and the existence of arguable grounds discernible from the memorandum of appeal. The court determined that security for due performance was necessary given the circumstances, including the value of the subject matter and the judgment decree. Consequently, the application for stay of execution was granted on c…
Airtel Uganda Limited v Konshens & 3 Others (Miscellaneous Application 560 of 2024) [2024] UGCommC 236 (9 August 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 560 of 2024
Judge
Mutesi, J
The High Court granted only a partial stay of execution, allowing the respondents to recover up to 70% of the decretal sums pending appeal in a copyright dispute.
Emmejje and Another v Asegoit (Civil Application 24 of 2024) [2024] UGCA 136 (28 May 2024)
Court
Court of Appeal of Uganda
Case number
Civil Application 24 of 2024
Judges
Kihika, JA
The Court of Appeal of Uganda dismissed an application for stay of execution, finding the applicants had not shown a prima facie appeal or irreparable harm.
Bamuhiga v Ndyanabangi & Another (Civil Miscellaneous Application 17 of 2023) [2024] UGHC 158 (28 February 2024)
Court
High Court of Uganda
Case number
Civil Miscellaneous Application 17 of 2023
Judge
Emokor, J
The court found that the only issue for stay of execution before it was the taxed bill of costs amounting to UgX 4,210,000. The applicant failed to demonstrate how payment of this sum would cause substantial or irreparable loss, as restitution would be available if the appeal succeeded. The applicant did not provide evidence that the loss could not be undone. The court applied the principles from Ssekikubo and Tropical Commodities, holding that execution of a money decree does not ordinarily warrant a stay unless special circumstances are shown. As such, the application for stay of execution…
Prince Charles Matovu Simbwa & Prince Joseph Simbwa v Kyasa Fred & Kizza Sanyu Irene (Civil Application 1049 of 2023) [2024] UGCA 2 (29 January 2024)
Court
Court of Appeal of Uganda
Case number
Civil Application 1049 of 2023
Judge
Bamugemereire, JA
The Court of Appeal dismissed an application for substantive stay of execution, finding no sufficient proof of likely success, urgency, or substantial loss.
Kawanga Vs Namyalo & Anor (MISCELLANEOUS APPLICATION NO. 12 OF 2017) [2017] UGHCCD 99 (16 July 2017)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS APPLICATION NO. 12 OF 2017
Judge
Zeija, J
The High Court at Masaka granted a stay of execution pending appeal, finding the applicant had shown delay-free filing, substantial loss, and arguable grounds.
Outreach to Africa Ltd Vs Manigamukama (Civil Applicaton No.304 of 2015) [2016] UGCA 41 (27 January 2016)
Court
Court of Appeal of Uganda
Case number
Civil Applicaton No.304 of 2015
The Court found that the applicant's appeal raises substantial issues regarding the agreed acreage of the land and entitlement to the balance of the purchase price, making the appeal not frivolous. The extraction of the decree and taxation of costs made execution highly likely, and the land (a school) was at risk of attachment, constituting irreparable harm. The application was brought without undue delay, and the balance of convenience favored granting the stay to preserve the right of appeal. Although the application should ordinarily have been lodged in the High Court first, the Court exer…