Wakilii

Bamwesige v Attorney General & 4 Ors (Miscellaneous Application No. HCT-12-CV-MA-0136 of 2014)

High Court · [2016] UGHCCD 5 · 2016 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for committal to civil prison for contempt of court arising from non-compliance with earlier orders in an election petition matter
Decision
Application for committal for contempt dismissed; respondents found to have complied with court orders or to have valid defences to non-compliance

Observed later treatment

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Holding

The court dismissed the application for committal for contempt. The 2nd and 3rd respondents had purged themselves by ensuring the 5th respondent vacated office within the time ordered. The Electoral Commission's inability to hold fresh elections was due to the absence of Parish Tribunals, a prerequisite under the Electoral Commission Act, which only the Judiciary could establish. The standard of proof for contempt is higher than balance of probabilities, approaching proof beyond reasonable doubt, and the applicant failed to discharge this burden.

Outcome

Application for committal for contempt dismissed; respondents found to have complied with court orders or to have valid defences to non-compliance

Facts

The 5th respondent's election as Chairman LCIII Rutete Sub-county was nullified by court in 2011, with orders for fresh elections. When no elections were held, the applicant filed Misc. Appl. No. 0012/2013 seeking committal for contempt. On 7 October 2014, Ochan J found the respondents guilty of contempt and ordered the 5th respondent to vacate office within 7 days and fresh elections to be held. The applicant filed the present application on 4 November 2014 after the 7-day period had lapsed, seeking committal to civil prison, damages of UGX 100 million, and fines of UGX 10 million. The respondents filed affidavits showing the 5th respondent had vacated office and been removed from the payroll. The Electoral Commission sought leave to appeal the contempt finding, arguing it could not hold elections without Parish Tribunals, which only the Judiciary could establish.

Issues

  1. Whether the respondents should be committed to civil prison for contempt of court orders.
  2. Whether the respondents had purged themselves of contempt by complying with court orders requiring the 5th respondent to vacate office and fresh elections to be held.
  3. Whether the Electoral Commission could be found in contempt when compliance was impossible due to the absence of Parish Tribunals which were the Judiciary's responsibility to establish.

Orders

  • Application dismissed.
  • Costs awarded to the 1st, 2nd, 3rd and 4th respondents.

Rules and key headnotes

Civil Procedure — Contempt of Court — Standard of Proof
In cases of alleged contempt, the breach for which the alleged contemnor is cited must not only be precisely defined but also proved to a standard which is higher than proof on balance of probabilities and as high as proof beyond reasonable doubt.
Civil Procedure — Contempt of Court — Purging Contempt — Evidence of Compliance
Where respondents adduce documentary evidence showing compliance with court orders directing vacation of office, including certification of removal from payroll, and the applicant merely asserts the evidence is manufactured without adducing rebuttal evidence, the court is entitled to find the respondents have purged themselves of contempt.
Civil Procedure — Contempt of Court — Impossibility of Performance
Where compliance with a court order is impossible due to a statutory prerequisite being outside the contemnor's control and within the exclusive mandate of another state organ, this constitutes a valid defence to contempt and the matter should be determined by an appellate court before committal orders are made.
Civil Procedure — Affidavit Evidence — Typographical Errors
A typographical error in the year stated in an affidavit's jurat is curable where the context and content of the affidavit make it clear the error could not reflect the true date of swearing, and such an error does not render the affidavit incurably defective.

Legislation cited (2)

Cases cited (2)

  • Re Maria Annie Davis (1888) 21 QBD 236
  • Gatharia K. Mutitika & Others v Baharini Farm Ltd (1982-88) 1 KAR 863

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Bamwesige Vs Attorney General & 4 Ors (Miscellaneous Application No. HCT-12-CV-MA-0136 of 2014) [2016] UGHCCD 5 (8 January 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.