Uganda Case Law

Onyango v Registered Trustees of soroti Catholic Diocese and Another

Onyango v Registered Trustees of soroti Catholic Diocese and Another (Miscellaneous Application 45 of 2024) [2025] UGHC 82 (24 February 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 45 of 2024

Judge

Boniface Wamala, J

The court found that the applicant failed to adduce any material evidence to prove fraud, misrepresentation, or collusion in the execution of the consent judgment. Mere allegations without supporting evidence are insufficient to vitiate a consent judgment, especially where the applicant and his father were not parties to the original suit or consent. The court also noted the inordinate delay of 11 years in bringing the application, which further undermined the applicant's case. In the absence of compelling evidence and given the binding nature of consent judgments, the application was dismiss…

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• Review Of Consent Judgment
• Fraud In Land Transactions
• Delay In Application
• Standing Of Non Parties

Byamugisha and Others v Kasisiri and Another (MISC. APPLICATION NO. 074 OF 2023)

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…

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• Stay Of Execution
• Security For Due Performance
• Ownership Of Land
• Substantial Loss
• Appeal Likelihood
• Delay In Application

Twangyeirwa v Kawezi and Another

Twangyeirwa v Kawezi and Another (Civil Appeal 46 of 2023) [2024] UGHC 1059 (7 November 2024)

Court

High Court of Uganda

Case number

Civil Appeal 46 of 2023

Judge

Wagona, J

The High Court dismissed an appeal against refusal to amend a defense and reopen a land case, finding the application was late, unjustified, and aimed at filling gaps.

• Amendment Of Pleadings
• Reopening Of Case
• Discretion Of Court
• Delay In Application
• Land Ownership Disputes
• Amendment-of-pleadings

Reliable Cargo Centre Limited & 2 Others v Statewide Insurance Company Limited

Reliable Cargo Centre Limited & 2 Others v Statewide Insurance Company Limited (Miscellaneous Application 1021 of 2024) [2024] UGCommC 354 (4 November 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1021 of 2024

Judge

Anna B. Mugenyi, J

The High Court dismissed an application to stay execution pending appeal, finding no imminent execution, no proven substantial loss, and no security offered.

• Stay Of Execution
• Appeal Procedure
• Security For Costs
• Substantial Loss
• Delay In Application
• Stay-of-execution

Tigambirwa v Kazooba (HCT-01-CV-MA 68 of 2024)

Tigambirwa v Kazooba (HCT-01-CV-MA 68 of 2024) [2024] UGHC 1026 (25 October 2024)

Court

High Court of Uganda

Case number

HCT-01-CV-MA 68 of 2024

Judge

Wagona, J

The court found that the applicant had lodged a competent appeal as of right and that there was a serious and imminent threat of execution for taxed costs, which would inflict substantial loss and render the appeal nugatory if not stayed. The application for stay was made without unreasonable delay, as it was filed immediately upon notice to show cause for execution. The court determined that security for costs, rather than the entire decretal sum, was appropriate to avoid stifling the appeal. The applicant was ordered to deposit 20% of the taxed costs as security within 60 days. The court al…

Source excerpt

• Stay Of Execution
• Security For Costs
• Appeal Lodgment
• Substantial Loss
• Delay In Application

Bukenya v Nakamya & 3 Others

Bukenya v Nakamya & 3 Others (Miscellaneous Application 68 of 2024) [2024] UGHC 914 (3 September 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 68 of 2024

Judge

Karemani Jamson K, J

The High Court dismissed an application for stay of execution, finding no proven substantial loss and holding that the application was filed after unreasonable delay.

• Stay Of Execution
• Notice Of Appeal
• Substantial Loss
• Delay In Application
• Security For Due Performance
• Stay-of-execution

Acam and 8 Others v Agama and Another

Acam and 8 Others v Agama and Another (Civil Miscellaneous Application 30 of 2024) [2024] UGHC 681 (12 July 2024)

Court

High Court of Uganda

Case number

Civil Miscellaneous Application 30 of 2024

Judge

Adonyo, J

The High Court at Soroti dismissed an application to stay execution pending a separate motion to set aside an ex parte judgment, finding no proven substantial loss.

• Stay Of Execution
• Ex Parte Judgment
• Burden Of Proof
• Substantial Loss
• Delay In Application
• Stay-of-execution

Makerere University & Anor v Ndagire & 22 Ors

Makerere University & Anor v Ndagire & 22 Ors (Miscellaneous Application 1030 of 2023) [2024] UGHCCD 87 (17 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 1030 of 2023

Judge

Boniface Wamala, J

The High Court granted a conditional stay of execution pending appeal, requiring Makerere University to deposit UGX 500 million within 60 days.

• Stay Of Execution
• Security For Due Performance
• Substantial Loss
• Delay In Application
• Appeal Process
• Stay-of-execution

Kiwanuka v Muwanga

Kiwanuka v Muwanga (Miscellaneous Application 105 of 2023) [2024] UGHC 301 (3 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 105 of 2023

Judge

Tweyanze, J

The court found that the documents sought to be adduced as additional evidence were not new and were within the Applicant's knowledge during and after trial. The Applicant had the opportunity to present the documents at trial but chose not to, and there was no evidence that the trial court rejected their admission. The application was filed almost a year after the appeal, indicating undue delay. Allowing the evidence would constitute an abuse of process, as it would permit the Applicant to patch up weaknesses in his case and re-open issues already determined. The requirements for admitting ad…

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• Adducing Additional Evidence On Appeal
• Requirements For Fresh Evidence
• Ownership Of Land
• Delay In Application
• Abuse Of Process

Karuhanga v Tulihamu Budongo Sacco

Karuhanga v Tulihamu Budongo Sacco (Miscellaneous Application 108 of 2022) [2024] UGHC 183 (29 February 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 108 of 2022

Judge

Serunkuma, J

The High Court dismissed an application for stay of execution pending appeal, finding no proof of substantial loss, unreasonable delay, or security.

• Stay Of Execution
• Substantial Loss
• Delay In Application
• Security For Due Performance
• Stay-of-execution
• Substantial-loss