Masindi Municipal Council v Kwesiga
Masindi Municipal Council v Kwesiga (Miscellaneous Application No. 66 of 2021) [2022] UGHCCD 85 (22 April 2022)
The court found that while the applicant had filed a notice of appeal and requested the record, thereby satisfying the requirement of intention to appeal, and had brought the application without unreasonable delay, it failed to demonstrate any substantial loss beyond the ordinary consequences of judgment. The applicant did not provide evidence of the specific loss it would suffer if stay was denied. The court held that substantial loss must be shown and cannot be presumed from the mere existence of a judgment debt. As the applicant did not meet this critical condition, the application for sta…
Source excerpt
- Stay Of Execution
- Judicial Review Orders
- Appeal Rights
- Security For Due Performance