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Cornerstone Community Ministries and Another V Kalemera 2025 UGHC 244 (30 April 2025)

The High Court of Uganda dismissed the application for a stay of execution brought by Cornerstone Community Ministries and others, citing the applicants' failure to demonstrate a likelihood of success for their appeal or that they would suffer irreparable damage if the stay was not granted. The court emphasized that the likelihood of success is a crucial factor in such applications. The ruling was delivered by Hon. Lady Justice Olive Kazaarwe Mukwava on April 30, 2025.

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28 views2 pages

Cornerstone Community Ministries and Another V Kalemera 2025 UGHC 244 (30 April 2025)

The High Court of Uganda dismissed the application for a stay of execution brought by Cornerstone Community Ministries and others, citing the applicants' failure to demonstrate a likelihood of success for their appeal or that they would suffer irreparable damage if the stay was not granted. The court emphasized that the likelihood of success is a crucial factor in such applications. The ruling was delivered by Hon. Lady Justice Olive Kazaarwe Mukwava on April 30, 2025.

Uploaded by

juliusabaasa
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1

THE REPUBLIC OF UGANDA


IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DTVTSTON)

MISCELLANEOUS APPLICATION NO. 2580 OF 2024


5 (AR|StNG FROM CrvrL SUIT NO. 785 OF 2017)

1. CORNERSTONE COMMUNITY MINISTRIES

2. PATRICK MUWONGE
3. ALOYSTUS NTEGE--------------- -----------.APPLICANTS

10 VERSUS

KALEMERA EDWARD --.---RESPONDENT

Before: Hon. Ladv Justice olive Kazaarwe Mukwava

RULING

15 This Application is brought for stay of execution under Section 33 of the Judicature Act
Cap 13, Section 98 of the Civil Procedure Act Cap 71and Order 52 rules 1 and 2 of
the Civil Procedure Rules S.l 71-1.
The Respondent is opposed to the application mainly on the ground that the Applicant
has not demonstrated that their Appeal has a likelihood of success or that they will suffer
2A irreparable damage if the Application is denied.

ln order for the Court to grant an application for a stay of execution, the applicant must
establish thaU

a. hisher appeat has a likelihood of success; or a pima facie case of his ight to appeal

b. he/she wi appticant will suffer irreparable damage or that the appeal will be rendered
25 nugatory if a stay is not granted.

c. lf (a) and (b) above has not been established, Coui must consider where the balance
of convenience lies.
1
2

(d) the applicant must also establish that the application was instituted without delay

DETERMINATION OF THE APPLICATION

The Applicant's Counsel focused on the fact that the pending Appeal will be rendered
nugatory if this Application is not granted.

5 As to whether there is an arguable Appeal, Counsel for the Applicant retied on the case
of Nalwoga v EDCO Ltd & Anor(Ma. N0.07 of2013) [2013] UGHCLD 49 (29 May 2013)
where Murangira, J held that this Court should avoid saying anything that indicates a
concluded view as to the merits of the action on fact or law, because the matter of appeal
is the subject matter of the appeal and will have to be heard and dealt with thereafter.

10 However, the Supreme Court in Gashumba Maniraguha vs Sam Nkudiye [2015]


UGSC 7 held that the likelihood of success of the pending appeal is the most important
consideration in applications for stay of execution.

ln conclusion and in agreement with Counsel for the Respondent, I find that the
Applicants have failed to demonstrate that their Appeal has a likelihood of
15 success. lt is for this reason that I decline to grant the Application for stay of
executi/on. T his application is dismissed with costs

$(
Olive Kazaarwe Mukwaya

JUDGE

20 30th April 2025

Delivered by ECCMIS

25

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