Uganda Case Law

Nakakande v Kimera & Another

Nakakande v Kimera & Another (Miscellaneous Application 321 of 2023) [2024] UGHCFD 7 (11 March 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 321 of 2023

Judge

Nagawa, J

The court found that the applicant failed to prove substantial loss beyond that suffered by any unsuccessful litigant, as she had options for compensation or retention of the property under the judgment. The application was not made with sufficient urgency, and execution had already commenced, rendering the request for stay overtaken by events. The applicant did not provide evidence of a high likelihood of success on appeal, nor did she demonstrate a serious or imminent threat of execution that would render the appeal nugatory. The scales of hardship favored the respondents, who were deprived…

Source excerpt

• Stay Of Execution
• Appeal Pending
• Estate Administration
• Substantial Loss
• Security For Due Performance
• Hardship Assessment

Bone v Duncan

Bone v Duncan (Civil Case No. 134 of 1942) [1943] EACA 42 (1 January 1943)

Court

East African Court of Appeal

Case number

Civil Case No. 134 of 1942

Judge

Sheridan CJ

The court held that the landlord reasonably required the house, but refused possession because evicting the tenant and his invalid mother would cause greater hardship.

• Landlord And Tenant
• Possession Of Premises
• Rent Restrictions
• Hardship Assessment
• Landlord-and-tenant
• Possession