High Court: Execution and Bailiffs Division (Uganda) - 2017 May

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5 judgments

Citation	Judgment date
May 2017
Katatumba v Patel (Miscellaneous Application No. 1205 of 2016) [2017] UGHCEBD 15 (29 May 2017) Execution stayed where consent-payment was conditional and enforcement would be premature pending related appeals. Civil procedure – stay of execution – discretionary remedy to preserve status quo – factors: likelihood of success on appeal, irreparable loss, delay, security, balance of convenience; Consent judgment – condition precedent – execution premature where payment depends on related proceedings; Wrong citation of law – does not vitiate proceedings; Execution against deceased’s estate – cannot proceed until administrator/executor appointed.	29 May 2017
K. Rogers Ltd v Spedag Interfreight (U) Ltd (Miscellaneous Application No. 2351 of 2015) [2017] UGHCEBD 16 (29 May 2017) Court stayed execution pending appeal on condition applicant deposits half the decretal sum as a bank guarantee and released the goods. Stay of execution – discretion to grant stay pending appeal – criteria: likelihood of success, irreparable harm, delay, security, balance of convenience; Possessory lien – common law lien requires lawful original possession; Inherent jurisdiction and correct procedural rule may be invoked when wrong rule cited; Security by bank guarantee and partial security accepted instead of full decretal sum.	29 May 2017
Mutebi & 3 Others v Mirembe & 2 Ors (Miscellaneous Application No. 2530 of 2016) [2017] UGHCEBD 19 (29 May 2017) Notice of appeal and risk of eviction justified a conditional stay of execution for non-party residents pending appeal. Civil procedure – Stay of execution – CPR 0.43 r 4 and 0.52 r 1(3); Notice of appeal as sufficient expression of intention to appeal; Non-parties/residents seeking stay to avoid eviction; Security for due performance not always required; Balance of convenience and irreparable harm.	29 May 2017
Uganda Medical & Dental Practitioners Council & Anor v Ssentongo (Miscellaneous Application No. 2656 of 2016) [2017] UGHCEBD 18 (16 May 2017) Stay of execution denied where the applicants failed to show irreparable harm or likelihood of success and disobeyed court orders. Stay of execution — discretionary relief; criteria: likelihood of success, substantial/irreparable loss, delay, security, balance of convenience; notice of appeal without memorandum insufficient to assess prospects; pendency of appeal not an automatic bar to execution; non‑compliance with orders may amount to contempt.	16 May 2017
Kaddu v Tebusweke & Anor (Miscellaneous Application No. 1620 of 2016) [2017] UGHCEBD 17 (4 May 2017) Stay of execution refused where no proper or pending challenge to taxation existed and the application amounted to abuse of process. * Civil procedure – Stay of execution – requirements: likelihood of success, risk of substantial/irreparable loss, absence of undue delay, security and balance of convenience. * Advocates’ bill of costs – taxation – challenge to taxation must be properly instituted and pending to justify a stay. * Appeal procedure – mere intention to appeal or application for extension of time does not automatically stay execution. * Abuse of process – stay refused where applicant’s conduct and delay aimed to frustrate enforcement of taxed costs.	4 May 2017