Kafuma Dominic v Nalwanga Lwanga Irene (Miscellaneous Application No.1590 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court lacks jurisdiction to entertain a contempt application for an order issued by the Chief Magistrate's Court, even where the lower court's file is before the High Court on appeal. The power to punish for contempt is inherent in the court that issued the order. Only the Chief Magistrate's Court of Entebbe has jurisdiction to determine contempt of its own orders. The application was dismissed with costs to the respondent.

Outcome

Application for contempt dismissed for lack of jurisdiction

Facts

The applicant sought to hold the respondent in contempt for allegedly violating a temporary injunction issued by the Chief Magistrate's Court Entebbe in Miscellaneous Application No. 70 of 2023. The injunction restrained construction on disputed land pending determination of Civil Appeal No. 4 of 2024. The applicant alleged that the respondent and her agents continued construction works after the injunction was granted, extracted, and served. The respondent opposed, stating that she had distributed portions of land to her children and others before the injunction was filed, and that these independent owners were conducting the construction, not her agents. The respondent raised preliminary objections challenging the High Court's jurisdiction to hear the contempt application.

Issues

1. Whether the High Court has jurisdiction to entertain a contempt application for an order issued by a subordinate court when the file of the subordinate court is before the High Court on appeal.
2. Whether the Registrar of the High Court has jurisdiction to handle contempt of court applications not committed in the face of court or arising from orders outside the Registrar's express powers.
3. Whether the application was filed in the wrong court.
4. Whether the application is barred in law for purporting to arise from Civil Appeal No. 28 of 2024.

Orders

• Application dismissed.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (12)

• Constitution of the Republic of Uganda 1995 Article 28(12)
• Judicature Act Cap.16 s.33
• Judicature Act s.14(1)
• Judicature Act s.17
• Civil Procedure Act Cap.282 s.98
• Civil Procedure Act s.83
• Civil Procedure Rules S.I 71-1 Order 52 Rule 1
• Civil Procedure Rules S.I 71-1 Order 52 Rule 3
• Civil Procedure Rules Order 50
• Civil Procedure Rules Order 41
• Magistrates Courts Act Cap.19 s.220(3)
• Magistrates Courts Act s.220(g)

Cases cited (9)

• Florence Dawaru v Angulate Abino & Anor (HCMA No. 0096 of 2016)
• Ocen Kassim v Soroti District Land Board & 2 Others (HCMA No. 077 of 2020)
• Bisaso Nathan v Orwin Tumuhirwe (HC Miscellaneous Appeal No. 8 of 2020)
• Jingo Livingstone Mukasa v Hope Rwaguma (Court of Appeal Civil Appeal No. 190 of 2015)
• Geoffrey Odongo & Others v Francis Atoke (Court of Appeal Civil Appeal No. 127 of 2015)
• Umar Asuman v Olila Moses (HCCR No. 1 of 2006)
• [1936] AC 322
• Kibeedi Hussein v Hotel Triangle Ltd & Anor (HCMA No. 128 of 2023)
• Ramadhan Salim Vs Evans M. Maabi T/a Murphy Auctioneers & Another (CA Civ. Appeal No. 69 of 2015)

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