Balwa v Magida (MISC. APPLICATION No. 276 of 2016) [2019] UGHCCD 69 (13 February 2019)

Flynote

Civil Procedure

Case summary

It was held that an applicant who intends to apply for stay of execution must show that there is a competent appeal pending. That financial inability to furnish security for costs cannot be a ground for the grant of stay of execution. Court upheld a position that it has the power in its discretion to grant stay of execution where it appears to be equitable to do so with a view to temporarily preserve status quo. That as a general rule the only ground for stay of execution is for the applicant to show that once the decreed property is disposed of, there was no likelihood of getting it back should the appeal succeed. Accordingly, court dismissed the application holding that the applicant did not demonstrate any danger of a permanent alienation of the suit land.

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