Wakilii

Katushabe Winfred and Another v Commissioner of Land Registration (Miscellaneous Application No. 101 of 2022)

High Court · [2025] UGHC 862 · 2025 Application Granted — Contempt Found AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from miscellaneous applications and civil suit
Decision
Respondent found in contempt; ordered to reinstate original registered proprietor and pay punitive damages and fine

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Commissioner of Land Registration was in contempt of court for cancelling the registered proprietor Charles Ondua from the certificate of title and reinstating Musa Kurri despite an existing interim court order staying execution of the ex parte decree. The Respondent was ordered to reinstate Charles Ondua as registered proprietor, cancel the special certificate issued to Musa Kurri, pay punitive damages of UGX 10,000,000 and a fine of UGX 10,000,000 for failing to comply with a valid court order.

Outcome

Respondent found in contempt; ordered to reinstate original registered proprietor and pay punitive damages and fine

Facts

On 11 June 2005, the late Charles Ondua purchased land comprised in Arua LRV 1425 Folio 22 Plot No. 15 Circular Road and was registered as proprietor. Musa Kurri filed Civil Suit No. 026 of 2006 against Charles Ondua and obtained an ex parte decree cancelling Ondua's proprietorship. Charles Ondua filed Misc. App. No. 037 of 2009 for stay of execution and Misc. App. No. 038 of 2009 for interim stay. On 22 December 2009, court issued an interim order staying execution of the decree, which was served on the Commissioner of Land Registration. Despite this order, on 20 August 2015 the Commissioner removed Charles Ondua from the certificate and reinstated Musa Kurri, issuing him a special certificate of title. On 23 May 2016, the Commissioner issued a special certificate to Mustafa Atama Kurri and Farooq Salim. The administrators of Charles Ondua's estate filed this application in December 2022 seeking a finding of contempt.

Issues

  1. Whether the Respondent is in contempt of the court's interim order in Misc. App. No. 038 of 2009.
  2. What remedies are available for the parties?

Orders

  • The Respondent is found in contempt of an existing court order.
  • The Respondent is ordered to pay UGX 10,000,000 as punitive damages to the Applicants.
  • The Respondent is ordered to pay UGX 10,000,000 as a fine to be deposited in court.
  • The Respondent is ordered to comply with the court order and reinstate the name of the late Charles Ondua as the registered proprietor of the suit land comprised in Arua LRV 1425 Folio 22 Plot No. 15 Circular Road, within 30 days from the date of this ruling.
  • The Respondent is ordered to cancel the special certificate of title issued to Musa Kurri alias Mustafa Musa Kurri, and cancel his name from the title as the registered proprietor, within 30 days from the date of this ruling.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements to be Proved
To establish civil contempt of court, an applicant must prove beyond reasonable doubt four elements: (a) that an order was issued by the court; (b) that the order was served or brought to the notice of the alleged contemnor; (c) that there was non-compliance with the order; and (d) that the non-compliance was willful and mala fides. Once these elements are proved, the respondent bears the evidential burden in relation to willfulness and mala fides.
Civil Procedure — Contempt of Court — Nature and Purpose
Civil contempt occurs outside the court's close realm and usually takes the form of disregarding court orders and judgments. Civil contempt of court serves the purpose of empowering courts to enforce court orders and punish those who willfully and unlawfully disobey court orders.
Administrative Law — Land Registration — Duty to Comply with Court Orders
The Commissioner of Land Registration is bound to comply with interim court orders staying execution of decrees and may not proceed to alter the register in execution of a stayed decree without first obtaining leave of court to set aside the interim order.
Damages & Quantum — Exemplary Damages — Principles of Award
Exemplary damages should not be awarded so that the plaintiff may be enriched, but to punish the defendant and deter him or her from repeating the conduct. The power to award exemplary damages should be exercised with restraint. Exemplary damages may be awarded where there has been oppressive, arbitrary, or unconstitutional action by servants of government.

Legislation cited (13)

Cases cited (4)

  • Betty Kizito v Dickson Nsubuga & 6 Others (Supreme Court Criminal Appeal Nos. 25 & 26 of 2021)
  • Edward Fredrick Ssempebwa & 2 Others v Attorney General [2019] 1 EA 546
  • Butterworth v Butterworth & Englefield [1920] P 126
  • Rookes v Barnard [1964] ALLER 367

Full judgment

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

Katushabe Winfred and Another v Commissioner of Land Registration (Miscellaneous Application No. 101 of 2022) [2025] UGHC 862 (16 July 2025)
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.