Wakilii

Kataabu v Kayongo and Another (Miscellaneous Application 573 of 2022)

High Court · [2023] UGHCCD 210 · 2023 Application Partly Allowed — Contempt Established AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from Miscellaneous Cause No. 317 of 2020
Decision
1st Respondent found in contempt of court and fined UGX 5,000,000 with alternative imprisonment for non-payment; claim for damages dismissed without prejudice to filing a separate suit

Observed later treatment

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Holding

The High Court held that the 1st Respondent was in contempt of court for violating the terms of a consent judgment by fraudulently transferring land to himself and a third party without negotiating payment with or compensating the beneficiaries as required. The court imposed a fine of UGX 5,000,000 on the 1st Respondent, with an alternative sentence of four months' civil imprisonment if unpaid within 14 days. The court declined to hold the 2nd Respondent liable for contempt due to insufficient evidence linking the officer who signed the consent order with the officer who executed the transfer.

Outcome

1st Respondent found in contempt of court and fined UGX 5,000,000 with alternative imprisonment for non-payment; claim for damages dismissed without prejudice to filing a separate suit

Facts

The parties had entered into a consent judgment on 5 March 2021 in Miscellaneous Cause No. 317 of 2020, requiring the Applicant to subdivide land comprised in Kyadondo Block 250 Plot 202 and hand over 111 decimals to the 1st Respondent. The consent order also required the 1st Respondent to negotiate with and pay Richard Ssimbwa and Jennifer Nanziri for 22 decimals forming part of their share in the estate of the late Joseph Kayemba Gaaga. The Applicant subdivided the land into 13 plots including Plots 1255, 1256, and 1260. The 1st Respondent, with the assistance of the 2nd Respondent, transferred all three plots (totaling 133 decimals) from the Applicant's name into his own name and subsequently to Pan African Property Services Management Ltd, a third party, without negotiating with or compensating Ssimbwa and Nanziri. A police investigation dated 20 December 2021 established that the 1st Respondent used a transfer form for one plot and fraudulently added the other plots without consent from the concerned parties.

Issues

  1. Whether the Respondents are in contempt of court.
  2. What remedies are available to the parties.

Orders

  • The 1st Respondent shall pay a fine of UGX 5,000,000 (five million Uganda shillings) to purge the contempt.
  • The fine shall be credited to the court account within 14 days from the date of this ruling.
  • Should the 1st Respondent fail to pay within 14 days, he shall be committed to civil prison for a period of 4 (four) months.
  • Application for damages and compensation of UGX 500,000,000 dismissed — the Applicant may file a separate suit for proper determination of damages.
  • The 1st Respondent shall pay costs of this application.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements Required for Proof
To prove contempt of court, the complainant must establish four elements: (1) the existence of a lawful order; (2) the potential contemnor's knowledge of the order; (3) the potential contemnor's ability to comply; and (4) the potential contemnor's failure to comply.
Civil Procedure — Contempt of Court — Burden of Proof and Wilfulness
Once the applicant has proved the existence of the order, service or notice, and noncompliance, the respondent bears an evidential burden in relation to wilfulness and mala fides. Should the respondent fail to advance evidence that establishes a reasonable doubt as to whether noncompliance was wilful and mala fide, contempt will have been established beyond reasonable doubt.
Civil Procedure — Contempt of Court — Disobedience of Consent Orders
A party who enters into a consent judgment and subsequently acts in total disregard of its terms by fraudulently transferring property contrary to the obligations specified in the consent order commits contempt of court.
Civil Procedure — Contempt of Court — Sanctions for Civil Contempt
Civil contempt is punishable by committal to prison, by fine, by sequestration, or by injunction. The rationale behind sanctions is to send a firm message that court orders must be obeyed and to indicate to contemnors that there are consequences for disobedience of court orders.
Civil Procedure — Contempt of Court — Vicarious Liability of Public Officers
To hold a public institution liable for contempt of court, it must be established that the officer who executed the act in violation of the court order was the same officer who had knowledge of the order or that the officer who executed the act was aware of the court order. Absent such evidence, vicarious liability for contempt cannot be established.
Civil Procedure — Pleadings — Affidavits in Reply — Evasive Denial
Where a respondent in an affidavit in reply specifically addresses the paragraph of an application under challenge and makes a clear reply to the allegation, the affidavit is not evasive even if the applicant believes the answer is insufficient. An affidavit in reply will not be struck out for evasive denial where it specifically deals with the allegations raised.

Legislation cited (7)

Cases cited (17)

  • MHK Engineering Services (U) Ltd v MacDowell Limited (Miscellaneous Application No. 825 of 2018)
  • Nelson Kawalya v Sebanakita Hamis (Miscellaneous Application No. 1534 of 2020)
  • Uganda Super League v Attorney General (Constitutional Application No. 73 of 2013)
  • Andre Paul Terence Ambar Appeal No. 46 of 1935 -v- the Attorney General of Trinidad and Tobago (Trinidad and Tobago) [1936] 1 All ER 704, [1936] AC 322
  • Hon Sitenda Sebalu v Secretary General of the East African Community (Reference No. 8 of 2012)
  • The Procter & Gamble Company v Kyole James Mutisho and 2 Others (High Court Civil Case No. 135 of 2012)
  • David Onen and Others v Ocan Otto and Others (Miscellaneous Application No. 131 of 2019)
  • Stanbic Bank (U) Ltd and Another v Commissioner General Uganda Revenue Authority (Miscellaneous Application No. 42 of 2010)
  • Andrew Kilama Lajul v Uganda Coffee Development Authority and Others (Miscellaneous Application No. 324 of 2022)
  • Barbara Nambi v Raymond Lwanga (Execution Application No. 1897 of 2016)
  • Prof Frederick Sempebwa and Others v Attorney General (Civil Application No. 5 of 2019)
  • Fackie -V- CC 11 systems (pty) Ltd [2006] SCA 54 (RSA)
  • Housing Finance Bank Ltd and Another v Edward Musisi (Miscellaneous Application No. 158 of 2010)
  • Stanbic Bank (U) Ltd v Commissioner General Uganda Revenue Authority (Miscellaneous Application No. 42 of 2010)
  • Re Contempt of Dougherty 429, Michigan 81, 97 and (1987)
  • Barbra Nambi v Raymond Lwanga (Miscellaneous Application No. 213 of 2017)
  • Attorney General v Male Mabirizi (Miscellaneous Application No. 843 of 2021)

Full judgment

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Kataabu v Kayongo and Another (Miscellaneous Application 573 of 2022) [2023] UGHCCD 210 (7 July 2023)
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.