Atukunda Annex v Martins Ikubor (Civil Application No. 982 of 2026) [2026] UGCA 261 (14 September 2026)

THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL APPLICATION NO. 982 OF 2026 ATUKUNDA ANNEX 2: 22:::c:coiiiiiiimiiiiinisinmnisisnnaimeimi: APPLICANT VERSUS MARTINS IKUBOR ::::::::iiiiiiiiiiiiitiiitiinninnmiist RESPONDENT (ARISING FROM CIVIL APPEAL NO. 0145 OF 2026 & HIGH COURT DIVORCE CAUSE NO. 105 OF 2022) : RULING OF JUSTICE FLORENCE NAKACHWA, JA. (SITTING AS A SINGLE JUSTICE)

Representation

1. During the hearing of this application, Mr. Edgar Ayebazibwe and Ms Peace Nakunda from M/s Mwesigwa Rukutana & Co. Advocates appeared for the Applicant. The Respondent was represented by Mr. Moses Kabega and Mr. Faisal Barikurungi from M/s Kabega Mwogezi & Bukenya Advocates. Both parties filed their respective written submissions and the Applicant filed ‘submissions in re-joinder. All the submissions are considered hereunder in the determination of the application. The application

2. The Applicant filed this application by Notice of Motion under the provisions of Rules 6 (2) (b), 43 (1) & (2) and 44 of the Judicature (Court of Appeal Rules) Directions, S.!. 13-10. The Applicant seeks an unconditional stay of execution of the High Court judgment and orders pending the hearing and final disposal of the appeal, with costs to be borne by the Respondent.

The Applicant's case

3. The application is supported by the affidavit of the Applicant dated 10” August, 2026 and the supplementary affidavit of Kemigisha Bintah, sworn on 11" August, 2026. The grounds for the application are that:

(a) sometime in 2022, the Applicant filed a Divorce petition against the Respondent vide Divorce Cause No. 105 of 2022-Atukunda Annex v. Martin Ikubor, |

(b) on the 5” March, 2026, the High Court delivered judgment wherein the trial judge made an order dissolving the marriage between the parties herein and that the trial judge granted several self-exceuting orders;

(c) the judgment provided for strict timelines of thirty days for implementation of the appropriation of matrimonial property between the parties herein;

(d) being dissatisfied with part of the judgment and orders of the trial court, the Applicant instructed her new lawyers of M/s Mwesigwa Rukutana & Co. Advocates to lodge an appeal before this court;

(e) on 10" March, 2026, the Applicant's new lawyers filed a Notice of Appeal and a letter requesting for a certified copy of the record of proceedings, judgment and exhibits in the High Court;

(f) the Notice of Appeal was subsequently transmitted to this court;

(g) on 31 March, 2026, the Applicant filed a Memorandum of Appeal and Record of Appeal vide Civil Appeal No. 0145 of 2026;

(h) the appeal raises pertinent and plausible questions of law, mixed law and fact with a high likelihood of success whose effect will overturn the impugned orders of the High Court;

(i) the Respondent is in advanced stages of implementing the impugned orders in the judgment.

(i) immediately after receipt of the judgment, on the 5" day of March, 2026, at around 4:30 p.m., the Respondent forcefully entered the Applicant's property comprised in Busiro Block 377, Plot 264 and 265 at Seguku and disrupted operations;

(k) subsequently, the Applicant engaged the police and he was cautioned but he has since refused to heed to the caution and continues to make various attempts to forcefully enter the property;

(I) on 16" March, 2026, the Applicant filed Miscellaneous Application No. 1058 of 2026 in the High Court, which application was dismissed in a ruling delivered on 27 July, 2026, wherein the learned trial judge further held that the orders issued in Divorce Cause No. 105 of 2022 remain in full force and effect and be enforced according to their terms;

(m) upon delivering of the ruling, the Respondent engaged various brokers to market and forcefully enter the property subject of the appeal;

y

(n) the Respondent has also severally made various attempts to forcefully evict the Applicant from her property comprised in Busiro Block 377, Plot 264 and 265 at Seguku and several other properties that are subject of the orders of which the appeal is premised;

(0) the Applicant was granted custody of the children the Respondent sired with her and that she meets their daily basic necessities of life, including; shelter, clothing, food, and medical care as well as paying tuition fees for all of them at Kabojja International School and Aspen Junior School;

(p) the Applicant is currently unemployed, the properties subject of appeal are her only source of livelihood and dependence and she uses the property comprised in Busiro Block 377, Plot 264 and 265 at Seguku to generate daily income, to provide basic necessities for the children she sired with the Respondent;

(q) the Applicant and the children she sired with the Respondent, who are in her custody and care will suffer irreparable damage and the Applicant will be rendered destitute and she will have no source of income to look after the children if this application is not granted;

(1) the orders issued by the High Court in Divorce Cause No. 105 of 2022 are self-executing, which poses a risk of execution by the Respondent before the determination of the appeal;

(s) the appeal will be rendered nugatory if the execution and implementation of the impugned orders of the High Court in Divorce Cause No. 105 of 2022 are not stayed;

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