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Uganda decisions
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Nsabimana v Jokana & Another (Civil Application 222 of 2023) [2024] UGCA 40 (21 February 2024)
The Court of Appeal dismissed an application for stay of execution pending appeal, finding no substantial loss, unreasonable delay, no security, and no balance of convenience in the applicant’s favor.
Master Grain Milling Limited v Cargo Movers Limited (Miscellaneous Application 830 of 2022) [2023] UGCommC 284 (13 April 2023)
The High Court dismissed an application for stay of execution pending appeal, finding no proved substantial loss and no security for due performance.
Ssimwogerere alias Ssemwogere v Uganda (Miscellaneous Application No. 181 of 2022) [2022] UGHCCRD 77 (21 December 2022)
The court found that the applicant did not take any necessary steps to prosecute his appeal within the time allowed and did not apply for an extension of time. The applicant's explanations for his inaction were unconvincing, especially since he was released from prison before the appeal was dismissed and made no effort to pursue the appeal thereafter. The delay of over ten years was deemed unreasonable and amounted to an abuse of court process. The court held that reinstatement of the appeal was not justified in the circumstances and dismissed the application.
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Ogas Services (U) Limited v Bakashaba (Labour Dispute Miscellaneous Application 174 of 2019) [2019] UGIC 230 (13 November 2019)
The Industrial Court stayed execution of a labour officer’s award, finding the registrar erred by dismissing the stay application despite pending leave to appeal out of time.
Kakungulu & Anor v Town Clerk Jinja Municipal Council & Anr (MISCELLANEOUS APPLICATION N0. 021 OF 2017) [2018] UGHCCD 125 (17 July 2018)
The High Court held that an eight-month delay in deciding building plan approval was unreasonable and ordered the respondents to communicate a decision within 21 days.
Gwaladys v Charles (Divorce Cause No. 2of 1942) [1942] EACA 21 (1 January 1942)
The court found that although there was a significant delay between the respondent's alleged misconduct and the filing of the petition, the delay was satisfactorily explained by the petitioner's poverty, the protracted correspondence between solicitors in England and Kenya, and the additional difficulties caused by wartime communication. The court held that these factors rendered the delay not unreasonable. The court exercised its discretion to grant the decree nisi, emphasizing that each case must be considered on its own facts and merits, and that poverty and communication difficulties are…
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Banobere & Anor Vs Nyamisango (HCT – 01 – LD – MA – 0022 OF 2018) [2018] UGHCCD 35 (11 July 2018)
The court found that the Applicants failed to demonstrate any substantial loss that would result if the stay was not granted, particularly since the subject matter is immovable land. The application was not made without unreasonable delay, as nine months had elapsed since the High Court judgment, far exceeding the statutory 30-day period for filing an appeal. Furthermore, the Applicants did not provide security for due performance of the decree as required by law. Consequently, the court held that the Applicants had not satisfied the legal requirements for a stay of execution and dismissed th…
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