Wakilii

Imelda Norah Rukanyangira and Another v Busingye Christopher and Another (Miscellaneous Civil Application No. 73 of 2019)

High Court · [2020] UGHC 455 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for declaration of contempt of court orders arising from earlier High Court civil appeal and miscellaneous applications
Decision
Respondents declared in contempt; condemned to pay penalty and damages with interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the respondents acted in contempt by constructing new developments on the suit land in violation of a permanent injunction and a consent order. Photographic evidence showed that the respondents demolished an existing building and replaced it with an entirely new and larger structure. This constituted new development rather than renovation and breached both the decree and the consent undertaking. The respondents were condemned to pay a penalty of UGX 35,000,000 and general damages of UGX 10,000,000.

Outcome

Respondents declared in contempt; condemned to pay penalty and damages with interest

Facts

The applicants obtained a permanent injunction restraining the respondents from trespassing on suit land following a successful appeal to the High Court. The respondents appealed to the Court of Appeal and filed for stay of execution. On 28 November 2018, parties filed a consent agreement in which the respondents undertook not to put up any more developments on the suit land until final disposal of the appeal. The respondents agreed to withdraw their contempt application in exchange for costs of UGX 600,000. Despite this undertaking, photographic evidence showed the respondents demolished an existing building and replaced it with an entirely new and larger structure. The applicants filed this application alleging contempt of the court orders.

Issues

  1. Whether the respondents acted in contempt of court orders by continuing development on the suit land.
  2. Whether the affidavit in reply was filed out of time.
  3. Whether the affidavit in reply offends Section 4 of the Illiterates Protection Act.

Orders

  • The respondents acted in contempt of court by putting up new developments on the suit land contrary to the decree in HCCA No.0027/2015, Miscellaneous Application No.0047/2018 and Miscellaneous Application No.085/2018.
  • The respondents are condemned to a penalty of UGX 35,000,000 for the contempt, payable within 30 days from the date of this ruling.
  • The respondents are jointly and severally condemned to pay the applicants general damages of UGX 10,000,000.
  • The award in (iii) shall attract interest at 20% per annum from the date of this ruling till payment in full.
  • Costs of the application shall be paid to the applicants.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements to Be Proved
For contempt of court to be established, the complainant must prove the existence of a lawful order, the potential contemnor's knowledge of the order, and the potential contemnor's failure to comply with the order.
Civil Procedure — Contempt of Court — Violation of Consent Orders
Where parties enter a consent order undertaking not to develop suit land pending appeal, constructing new buildings by demolishing existing structures and replacing them with larger buildings constitutes new development in breach of the consent order, not mere renovation or improvement.
Civil Procedure — Affidavits — Illiterates Protection Act Compliance
An affidavit sworn by an illiterate person is admissible where it bears a certificate of translation showing that the contents were explained to the deponent in a language they understand and that they appeared to understand before appending their mark. Failure to comply with Section 4 of the Illiterates Protection Act renders the document inadmissible.
Administrative Law — Judicial Authority — Inherent Powers of Court
The High Court may exercise its inherent powers under Section 98 of the Civil Procedure Act and Sections 14(2) and 14(3) of the Judicature Act to issue orders necessary for the ends of justice, including orders for contempt of court, even in the absence of express statutory provisions governing contempt proceedings in Uganda.
Civil Procedure — Service of Process — Affidavit of Service
A court cannot determine whether an affidavit in reply was filed late in the absence of an affidavit of service detailing how and when service of the application was effected on the respondent. Filing an affidavit of service is a legal requirement that cannot be dispensed with by counsel's acknowledgment of receipt.

Legislation cited (4)

Cases cited (5)

  • Tickens Francis and Another v The Electoral Commission and Others (Election Petition No. 1 of 2012)
  • Dawo and Others v Nairobi City Council [2001] EA 69
  • Kasaala Growers Co-operative Society v Kakooza and Another (SCCA No. 19 of 2010)
  • Asiimwe Nkamushaba v Makerere University and Others (MA No. 709 of 2009)
  • Megha Industries (U) Ltd v Comfoam (MA No. 2 of 2004)

Full judgment

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

Imelda Norah Rukanyangira and Another v Busingye Christopher and Another (Miscellaneous Civil Application No. 73 of 2019) [2020] UGHC 455 (9 December
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.