Wakilii

Karamagi and Another v Kambo and Another (Miscellaneous Application No. 83 of 2021)

High Court · [2022] UGHCCD 264 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court order arising from a stay of execution in ongoing land dispute
Decision
Application for contempt dismissed; respondents vindicated

Observed later treatment

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Holding

Court dismissed application for contempt. Held that applicants failed to prove beyond reasonable doubt that respondents wilfully disobeyed the stay of execution order. Evidence adduced was insufficient to establish that respondents parceled, constructed on, or sold portions of the suit land. Second respondent could not be held in contempt as he was not party to the original proceedings and was never served with the order.

Outcome

Application for contempt dismissed; respondents vindicated

Facts

Applicants obtained a stay of execution order in Miscellaneous Application No. 051 of 2018 pending determination of their application to appeal out of time to the Court of Appeal. The stay order was issued on 17 April 2019 by the registrar and related to an underlying land dispute in which respondents had been successful at both trial and on first appeal. Applicants alleged that the first respondent violated the stay order by parceling the suit land, bringing construction materials onto it, and selling plots to third parties. The second respondent was described as caretaker of the land. Applicants supported their allegations with photographs of construction materials and claimed to have reported the matter to police, but provided no documentary evidence of police reports or land sale agreements naming the alleged purchasers.

Issues

  1. Whether the respondents were in contempt of the court order for stay of execution issued in Miscellaneous Application No. 051 of 2018.
  2. Whether the second respondent could be held in contempt of an order to which he was not a party and of which he had no notice.

Orders

  • Application dismissed with costs to the respondents.

Rules and key headnotes

Contempt of Court — Ingredients — Burden and Standard of Proof
To prove contempt of court in civil proceedings, four ingredients must be established beyond reasonable doubt: (a) that an order was issued by court; (b) that the order was brought to the attention of the alleged contemnor; (c) that there was non-compliance with the order; and (d) that the non-compliance was wilful or mala fide.
Contempt of Court — Evidence Required — Photographic and Unsubstantiated Allegations
Photographs of construction materials, without additional evidence linking them to the location in question, are insufficient to prove contempt. Allegations of land parceling, sales, or police reports stated in an affidavit but unsupported by documentary or testimonial evidence will not discharge the burden of proof.
Contempt of Court — Notice of Order — Non-Party Cannot Be Held in Contempt
A person who was not a party to the proceedings in which a court order was made, and to whom that order was neither addressed nor brought to his attention, cannot be held in contempt for alleged disobedience of the order.
Evidence from the Bar — Inadmissibility
Counsel is not at liberty to turn himself into a witness and give evidence from the bar. Documents attached to counsel's submissions but not exhibited in the parties' affidavits do not constitute evidence before the court.

Legislation cited (2)

Cases cited (4)

  • Megha Industries (U) Ltd v Comfoam Uganda Ltd (HCMC No. 21 of 2014)
  • Prof. Fredrick Ssempebwa and 2 Others v Attorney General of Uganda (Civil Application No. 05 of 2019)
  • Presidential Election Petition No. 1 of 2016
  • Pheko and Others v Ekurhuleni Metropolitan Municipality (No. 2) [2015] ZACC 10

Full judgment

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

Karamagi and Another v Kambo and Another (Miscellaneous Application No. 83 of 2021) [2022] UGHCCD 264 (8 July 2022)
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.