Kamusiime Robert v Joseph Bamwebehire (Miscellaneous Application 921 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for committal for contempt dismissed on a preliminary point. The applicant failed to prove he had authority to represent the 3,730 plaintiffs in the underlying suit. Without such authority, the applicant could not establish he was acting in the best interests of those plaintiffs by seeking a contempt order against the respondent.
Outcome
Application dismissed on preliminary point without consideration of merits
Facts
The applicant sought committal of the respondent to civil prison for alleged contempt of court orders made in Miscellaneous Application No. 45 of 2018, which had declared that the respondent ceased to be a lawful attorney for the Mpokya Evictees Individual Claimants Association on 15 February 2017. The applicant alleged that despite these orders, the respondent continued to interfere with execution of a decree in Civil Suit No. 102 of 2009, including instructing advocates to demand payment of over 22 billion shillings from the Ministry of Finance. The underlying suit involved 3,730 plaintiffs who claimed compensation for illegal eviction from Mpokya Forest Reserve. The respondent denied interfering with court orders and asserted he was the named plaintiff in the original suit. The hearing proceeded ex parte after the respondent failed to appear despite effective service.
Issues
- Whether the respondent is guilty of contempt of court.
Orders
- Application dismissed.
- No order as to costs.
Rules and key headnotes
Legislation cited (4)
- Judicature Act Cap. 16 s.37
- Civil Procedure Act s.64(c)
- Civil Procedure Act s.98
- Civil Procedure Rules O.9 r.20(1)(a)
Cases cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.