Uganda Court of Appeal Grants Stay of Execution Citing Nugatory Appeal Risk

The Court of Appeal of Uganda, on October 28, 2026, granted a stay of execution in *Mutebi Edward v Bakalu Mawanda Tito*, pending an appeal, on the grounds that an eviction would render the appeal nugatory and the appeal itself raises arguable legal issues.

This ruling is highly significant for legal practitioners as it clearly articulates the critical principles guiding appellate courts in Uganda when considering applications for a stay of execution, particularly in cases involving irreversible consequences like eviction. It reaffirms that the potential for an appeal to be rendered pointless (nugatory) by the execution of a lower court's order is a compelling factor in favour of granting a stay. Furthermore, the requirement for