Justice Joyce Kavuma of the Civil Division of the High Court has dismissed with costs the application filed by Mukono based businessman Augustine Kasozi the proprietor of the famous Colline Hotel and Mukono Bookshop seeking to stay the auctioning of his multibillion empire over Shs778m unpaid loan.
In her ruling, the judge stated that Kasozi failed to give a convincing explanation on why it took him more than five years to file an application staying the execution of the orders which he is fighting to be stayed.
“This Court finds that such conduct amounts to inordinate delay which cannot be condoned in the circumstances of this matter. The resolution of the above two central elements for the grant of a stay of execution determines the entire application which is dismissed,” the judge stated.
She rubbished Kasozi’s explanation that Magdalene Lamwaka the respondent commenced the execution of the orders on 22/09/2025 by filing Execution No. 0096 of 2025 and issued a notice to show cause why execution should not issue on 01/10/2025 and on 03/10/2025 and he filed the stay of execution which he based on to challenge the ground that he didn’t delay the filing of the said application to stay the execution.
The judge noted that there is no bar to filing an application for a stay of execution even when there is no application for execution pending.
She further stated that Kasozi did not give convincing reason to prove with particulars and details that the respondent will be unable to refund the amounts if the stay is not granted so that the evidential burden shifts to the respondent to show capability of paying back the said decretal sum if the applicant’s appeal is successful.
“The mere fact that there is an imminent threat of execution if stay is not granted and that the amounts involved are substantial is not itself proof of substantial loss. This being so it is the view of this Court that the applicant has not demonstrated that substantial loss will occasion if an order of stay is not granted,” the judge stated.
The development comes at a time when Bank of Baroda is also threatening to auction Kasozi’s properties over a loan he has failed to pay and he is still struggling to stop the process at the Court of Appeal.
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