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Uganda decisions
Decisions matching the current search
Kalisa and 3 Others v Baala and 4 Others (Miscellaneous Application 7 of 2023) [2024] UGHC 869 (2 August 2024)
The High Court at Hoima dismissed an application to extend time to appeal, finding no sufficient cause for the delay and no likely success on the intended appeal.
Acam and 8 Others v Agama and Another (Miscellaneous Application 39 of 2024) [2024] UGHC 688 (12 July 2024)
The High Court at Soroti dismissed an application for stay of execution, finding the applicants had not proved imminent threat or substantial loss.
Malinga and 2 Others v Innonget (Civil Miscellaneous Application 19 of 2024) [2024] UGHC 595 (20 June 2024)
The High Court dismissed an application to extend time for filing a cross-appeal, finding no proved instructions to prior counsel and no sufficient cause for delay.
Mburabwikyo v Kiiza Balamu (Miscellaneous Application 44 of 2022) [2024] UGHC 468 (31 May 2024)
The court found that the applicant persistently attempted to pursue his right of appeal against the decision of the Chief Magistrate's Court, and that the delays were attributable to a series of unfortunate events, including the conduct of his former counsel. The court exercised its discretion to enlarge time, noting that the applicant's intention to appeal was clear from the outset and that justice would be better served by allowing the appeal to proceed rather than shutting it out. However, the court also recognised the prejudice to the respondent, who had incurred costs due to the applican…
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Makumbi v Mugimba (Miscellaneous Application 459 of 2024) [2024] UGHCLD 114 (30 April 2024)
The court found that the applicant failed to provide a sufficient reason for the inordinate delay of over five months in seeking extension of time to appeal. The applicant's explanation that his former lawyer failed to finalize the appeal process was not persuasive, as the time-bound orders of the lower court required prompt and diligent action. The applicant did not act with the necessary urgency, and the delay was not adequately accounted for. The court emphasized that there must be an end to litigation and that the successful party should not be prejudiced by the inaction of the unsuccessf…
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Idiringi v Tumusiime (Civil Application 177 of 2023) [2023] UGCA 165 (2 June 2023)
The Court of Appeal granted a stay of execution pending appeal, finding the applicant had standing despite name discrepancies, but imposed UGX 50 million further security.
Tugumisirize and Another v Mawanda and 3 Others (Miscellaneous Application No. 673 of 2021) [2022] UGHCCD 127 (22 August 2022)
The applicants failed to satisfy two essential conditions for a stay of execution: they did not demonstrate substantial loss likely to be suffered if execution proceeds, nor did they provide security for due performance as required by Order 43 rule 4 of the Civil Procedure Rules. The court found that the grounds for stay were not sufficiently substantiated and that the application was designed to frustrate the respondents' enjoyment of the judgment. The interests of the minor respondents, who depend on the judgment for their welfare, outweighed the applicants' unsupported claims of financial…
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Serwadda v Nanteza (Miscellaneous Application No. 367 of 2022) [2022] UGHCLD 159 (19 August 2022)
The application for stay of execution and cancellation of the warrant of attachment was dismissed on the basis that it was filed with inordinate delay, constituting an abuse of court process. The applicant failed to provide evidence of an appeal against the decision in Miscellaneous Application No. 568 of 2016, and did not meet the requirement under Order 43 rule 4 (3) (b) of the Civil Procedure Rules to act without unreasonable delay. The court found the affidavits suspect due to inconsistencies in signatures and lack of proper disclosure of sources of information. The applicant's failure to…
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Kasakambogo Group Limited v Kaitare and 2 Others (Misc Cause No. 35 of 2021) [2022] UGHCLD 178 (16 August 2022)
The court found that while the applicant had filed a notice of appeal and the application was made without unreasonable delay, the applicant failed to demonstrate that it would suffer substantial loss if the stay was not granted. The claims regarding financial hardship and impact on public service delivery were speculative and unsupported by evidence. The applicant also failed to provide grounds of appeal or a draft memorandum, making it impossible for the court to assess the likelihood of success on appeal. Although the applicant expressed willingness to provide security for due performance,…
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The Registered trustees of Soroti Catholic Diocese v Echodu and 2 Others (Miscellaneous Application 32 of 2022) [2022] UGHCLD 307 (14 July 2022)
The High Court dismissed a stay application, finding no proof of substantial loss or imminent execution. The notice to show cause concerned taxed costs only.
