Ankole Riverline Hotel Limited & Another v Orient Bank Limited & Another (Civil Application 1214 of 2023) [2025] UGCA 20 (29 January 2025)
Court
Court of Appeal of Uganda
Case number
Civil Application 1214 of 2023
Judge
Tibulya, JA/JCC
The Court of Appeal dismissed an application for stay of execution after finding the notice of appeal was filed out of time and had not been validated.
Kasinzi alias Gatsinzi v Kisiki (159 of 2023; Civil Appeal 70 of 2023) [2023] UGCA 167 (2 June 2023)
Court
Court of Appeal of Uganda
Case number
159 of 2023 ; Civil Appeal 70 of 2023
Judge
Mulyagonja, JA
The court found that while the applicant could not appeal against the order dismissing the application to vary the stay order in HCMA No. 2067 of 2022 without leave, there was a valid notice of appeal and a pending substantive application for stay in respect of the main suit (HCCS No. 156 of 2014). The applicant demonstrated an imminent threat of execution, evidenced by respondents' actions to occupy and subdivide the disputed land and seek cancellation of his title. The previous order for stay of execution had lapsed due to non-compliance with the deposit condition. Applying the principles f…
The court found that the affidavit in support of the application was fatally defective because it was deponed by an advocate on contentious matters without written authority from the applicant, contrary to Regulation 9 of the Advocates (Professional Conduct) Regulations. The court emphasized that affidavits on contentious matters should be sworn by the parties themselves when available. The court also found that the applicant failed to provide evidence of a substantive appeal beyond the notice of appeal, as there was no proof of steps taken to procure the record or file a memorandum of appeal…
Kabirisa and 3 Others v Katsigazi and 2 Others (Miscellaneous Application 274 of 2021) [2021] UGCA 221 (6 December 2021)
Court
Court of Appeal of Uganda
Case number
Miscellaneous Application 274 of 2021
Judge
Barishaki-Cheborion, JA
The court found that the applicants had filed a substantive application for stay of execution and an appeal, both of which were pending and not yet fixed for hearing. The respondents had obtained a warrant for attachment of the contested cows and vacant possession of land, constituting a serious and imminent threat of execution. The court held that the existence of a pending substantive application and the threat of execution satisfied the requirements for granting an interim stay. The applicants provided sufficient evidence of the threat, and the balance of convenience favored preserving the…
Lively Minds Uganda v Kanyonga (Labour Dispute Appeal No. 89 of 2018) [2019] UGIC 17 (22 February 2019)
Court
Industrial Court of Uganda
Case number
Labour Dispute Appeal No. 89 of 2018
The Industrial Court granted a stay of execution of a labour award only on condition that Lively Minds Uganda deposit UGX 59,999,000 in court as security.
BSK International School Ltd v Katungye (Miscellaneous Application No. 131 of 2018) [2018] UGCommC 42 (29 June 2018)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 131 of 2018
The court found that the High Court was not exercising original jurisdiction in handling Misc. Application No. 1007 of 2017, and therefore the applicant had no automatic right of appeal. Even if such a right existed, the applicant failed to satisfy the mandatory conditions for stay of execution, particularly the requirement to provide security for due performance as previously ordered by the court. The applicant's failure to comply with the court's order to deposit security within the stipulated time constituted contempt of court. The application for stay of execution and proceedings was ther…
Excel Construction Ltd v GCC Service Ltd (Miscellaneous Application No. 1245 of 2017) [2018] UGCommC 47 (10 May 2018)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 1245 of 2017
The High Court struck out and dismissed an application challenging an arbitral award because the respondent failed to deposit security ordered by court.
Baguma Vs Mbabazi (HCT – 01 – CV – MA – NO. 0018 OF 2017) [2017] UGHCCD 155 (30 November 2017)
Court
HC: Civil Division (Uganda)
Case number
HCT – 01 – CV – MA – NO. 0018 OF 2017
Judge
Ojok, J
The court held that the applicant failed to satisfy all the conditions required for a stay of execution under Order 43 Rule 4(3) of the Civil Procedure Rules. While the application was filed without unreasonable delay and a notice of appeal was lodged, the applicant did not demonstrate that he would suffer substantial loss if the stay was not granted. The court found that the applicant had alternative accommodation and had already lodged a caveat to protect his interests in the property, making the risk of irreparable loss unsubstantiated. The court emphasized that the welfare and best intere…
Excel Construction Ltd v GCC Services (U) Ltd (Miscellaneous Cause No. 156 of 2017) [2017] UGCommC 250 (6 September 2017)
Court
Commercial Court of Uganda
Case number
Miscellaneous Cause No. 156 of 2017
The court found that it has substantive power and discretion under Section 34(5) of the Arbitration and Conciliation Act and Rule 12 of the Arbitration Rules to order security for performance of an arbitral award where an application to set aside the award is pending. The absence of assets within the jurisdiction, especially for a Ugandan-registered company, and the lack of prejudice to the respondent if security is ordered, are sufficient grounds to grant the application. The court distinguished authorities cited by the respondent and found that the risk of non-recovery by the applicant just…
Mulembe v Korutaro & Ors (HCT – 01 – LD – MA – 0019 of 2016-11-08) [2016] UGHCLD 29 (14 November 2016)
Court
HC: Land Division (Uganda)
Case number
HCT – 01 – LD – MA – 0019 of 2016-11-08
Judge
Ojok, J
High Court of Uganda granted stay of execution pending appeal, despite defects in the application and affidavit, to preserve the status quo and avoid rendering the appeal nugatory.