Uganda Case Law

Balwaine v Asinga

Balwaine v Asinga (Civil Application 562 of 2023) [2025] UGCA 104 (17 April 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application 562 of 2023

Judge

Obura, JA

The court found that execution of the decree was carried out and completed on 4th September 2023, as evidenced by the affidavits and documentary attachments, including the Return of Warrant of Attachment and photographs. The applicant's continued occupation of one room was deemed an illegal act that the court could not sanction by granting a stay. As the execution sought to be stayed had already occurred, the application was overtaken by events and rendered moot. Consequently, the court declined to consider the substantive conditions for granting a stay of execution, as any such consideration…

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• Stay Of Execution
• Eviction Proceedings
• Appeal Process
• Security For Due Performance

Kisomose v Kkantana Investment Limited

Kisomose v Kkantana Investment Limited (Miscellaneous Application 822 of 2024) [2025] UGHCLD 34 (21 February 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 822 of 2024

Judge

Naluzze Aisha Batala, J

The court found that the respondent's affidavit in reply was filed outside the statutory timelines without leave and was therefore struck out. On the substantive issue, the court held that the applicant demonstrated good cause for the delay in filing the appeal, primarily due to the negligence of his former counsel, which should not be attributed to him. The court relied on established principles that allow for enlargement of time and protect litigants from the consequences of counsel's mistakes. However, the court declined to stay execution of the judgment because no formal appeal was yet be…

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• Leave To Appeal Out Of Time
• Stay Of Execution
• Default Judgment
• Eviction Proceedings

Baryomunsi v Jemba & Another

Baryomunsi v Jemba & Another (Miscellaneous Application 2644 of 2024) [2025] UGHCLD 23 (28 January 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2644 of 2024

Judge

Naluzze Aisha Batala, J

The High Court granted a stay of execution pending review, finding an imminent eviction threat against a non-party registered proprietor and risk of rendering the review nugatory.

• Stay Of Execution
• Review Of Judgment
• Eviction Proceedings
• Third Party Rights
• Stay-of-execution
• Review-of-judgment

African Commision on Human and Peoples Rights v Republic of Kenya (Application No. 006/2012)

African Commision on Human and Peoples Rights v Republic of Kenya (Application No. 006/2012) [2024] AfCHPR 41 (12 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 006/2012

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court adjourned a compliance hearing, giving Kenya 90 days to file a report on implementing its earlier merits and reparations orders.

• Court Jurisdiction
• State Compliance
• Implementation Of Judgments
• Eviction Proceedings
• Court-procedure
• Judgment-implementation

Kirunda v Narendra & Another (HCT-03-CV-MA 52 of 2024)

Kirunda v Narendra & Another (HCT-03-CV-MA 52 of 2024) [2024] UGHC 952 (5 September 2024)

Court

High Court of Uganda

Case number

HCT-03-CV-MA 52 of 2024

Judge

Nabisinde, J

High Court granted a stay of execution pending appeal, finding a pending appeal and risk of substantial loss, but ordered security by deposit of half the taxed costs.

• Stay Of Execution
• Pending Appeal
• Security For Costs
• Eviction Proceedings
• Caveat On Property
• Stay-of-execution

Lubega & Another v Ssinabulya & 2 Others

Lubega & Another v Ssinabulya & 2 Others (Civil Application 13 of 2024) [2024] UGSC 37 (15 July 2024)

Court

Supreme Court of Uganda

Case number

Civil Application 13 of 2024

Judge

Monica K. Mugenyi, JSC

The Supreme Court granted an interim stay of execution pending determination of the substantive stay application, finding a real threat of execution and no abuse of process.

• Stay Of Execution
• Interim Orders
• Mailo Land Dispute
• Right Of Appeal
• Eviction Proceedings
• Stay-of-execution

Mbaine v Namusoke & Another

Mbaine v Namusoke & Another (Miscellaneous Application 2881 of 2023) [2024] UGHCLD 50 (26 February 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2881 of 2023

Judge

Naluzze Aisha Batala, J

The court found that although both civil suit No.107 of 2023 and civil suit No.136 of 2019 relate to the same land, they do not involve the same parties or identical causes of action. The parties in the two suits differ, with only one party overlapping, and the claims are distinct. Therefore, the les pendens rule does not apply, and civil suit No.107 of 2023 cannot be dismissed on that basis. The court further noted that consolidation of the suits may be considered to avoid multiplicity and conflicting decisions, but dismissal under the les pendens rule is not warranted.

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• Les Pendens Rule
• Multiplicity Of Suits
• Consolidation Of Suits
• Eviction Proceedings
• Specific Performance
• Party Identity

Rwavira v Kuteasa

Rwavira v Kuteasa (Civil Application 225 of 2023) [2023] UGCA 270 (17 October 2023)

Court

Court of Appeal of Uganda

Case number

Civil Application 225 of 2023

Judge

Kiryabwire, JA

The Court of Appeal refused an interim stay of execution, finding no credible evidence of imminent execution and no sufficient basis to preserve the status quo.

• Stay Of Execution
• Interim Orders
• Security For Costs
• Appeal Timeliness
• Eviction Proceedings
• Stay-of-execution

Kasozi and 3 Others v Kasozi and 3 Others

Kasozi and 3 Others v Kasozi and 3 Others (Miscellaneous Application 2419 of 2023) [2023] UGHCLD 302 (26 September 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2419 of 2023

Judge

Naluzze Aisha Batala, J

The court found that the applicants had satisfied the requirements for grant of an interim stay of execution. There was a substantive application for temporary stay of execution pending before the court, and the applicants faced a real and imminent threat of eviction based on a consent judgment to which they were not parties. The court determined that if the interim stay was not granted, the substantive application would be rendered nugatory, as the applicants would be evicted before their rights could be adjudicated. The absence of opposition from the respondents, either by affidavit or appe…

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• Interim Stay Of Execution
• Consent Judgment
• Eviction Proceedings
• Status Quo Orders

Kasozi and 3 Others v Kasozi and 3 Others

Kasozi and 3 Others v Kasozi and 3 Others (Miscellaneous Application 2419 of 2023) [2023] UGHCLD 390 (26 September 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2419 of 2023

Judge

Naluzze Aisha Batala, J

The court found that the applicants had satisfied the requirements for the grant of an interim stay of execution. There was a substantive application for temporary stay of execution pending before the court, and the applicants faced a real and imminent threat of eviction based on a consent judgment to which they were not parties. The court determined that if the interim stay was not granted, the substantive application would be rendered nugatory, as the applicants would be evicted before their challenge to the consent judgment and execution could be heard. The respondents did not oppose the a…

Source excerpt

• Stay Of Execution
• Consent Judgment
• Eviction Proceedings
• Status Quo Orders