The Court of Appeal has dismissed an application by Standard Chartered Bank seeking to recover Shs 100 million from Wilfred Bugingo.
The dispute stems from a 2017 appeal in which the bank challenged a High Court decision ordering it to pay Bugingo Shs 100 million in exemplary damages. However, the appeal was dismissed in July 2025 after the bank failed to appear in court.
In 2025, the bank filed an application seeking reinstatement of the appeal, arguing that it had a reasonable chance of success. It further contended that without a stay of execution, it would be compelled to pay a substantial sum, resulting in irreparable loss.
Bugingo opposed the application, arguing that the bank had no valid justification for failing to attend court. He maintained that the application had little chance of success and that the bank had not demonstrated any irreparable harm.
He further noted that the decretal sum had already been recovered through lawful execution following decisions of both the High Court and the Court of Appeal.
Bugingo argued that the matter had been overtaken by events and that there was no status quo to preserve, urging the court to dismiss the application with costs.
A panel of justices comprising Moses Kazibwe, Dr Asa Mugenyi, and John Mike Musisi agreed with the respondent and dismissed the application.
The court observed that the Shs 100 million decretal sum had already been recovered and that the bank had failed to demonstrate any substantial loss beyond the ordinary consequences of execution.
“The bank has failed to demonstrate substantial loss or imminent prejudice. The balance of convenience does not favour the applicant,” the court ruled.
The justices further noted that there was no subsisting appeal upon which prospects of success could be assessed.
“Granting a stay in these circumstances would amount to preserving a matter that has already been overtaken by events,” the court added.
