Wakilii

Kibirigi v Nyesigire (Civil Appeal 6 of 2023)

High Court · [2024] UGHC 165 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from ruling of Deputy Registrar dismissing application for contempt of court
Decision
Appeal dismissed; ruling of Deputy Registrar upholding no contempt of court confirmed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the appeal. It held that the appeal was filed within time because the seven-day period runs from when the appellant obtained a copy of the ruling, not from the date of delivery. On the merits, the court upheld the Deputy Registrar's finding that there was no contempt. The temporary injunction order was silent on the nature of the gate and was issued when a gate already existed to maintain the status quo. Improving the gate from iron sheets and timber to concrete and metal did not alter the status quo or amount to a breach of the court order restraining blocking of access.

Outcome

Appeal dismissed; ruling of Deputy Registrar upholding no contempt of court confirmed

Facts

The appellant and respondent are parties to a dispute over estate property comprising plots 43 and 7 Block 2 land at Ndorwa. On 19 January 2021, the court issued a temporary injunction in HCMA No. 64 of 2020 restraining the respondent from blocking access to the suit property and from cutting or planting trees until disposal of the main suit. At the time this order was issued, the respondent had already erected a fence and gate made of iron sheets and timber to control theft. Subsequently, the respondent improved the gate to a concrete and metallic structure. The appellant filed HCMA No. 24 of 2022 alleging contempt of court, arguing that the respondent had violated the injunction by improving the gate. The Deputy Registrar dismissed the contempt application on 15 February 2023, finding no proof of contempt. The appellant appealed that ruling.

Issues

  1. Whether the appeal was filed within the statutory period prescribed under Section 79(1)(b) of the Civil Procedure Act.
  2. Whether the Deputy Registrar erred in finding that the respondent was not in contempt of the court order issued in HCMA No. 64 of 2020.
  3. Whether improving a temporary gate to a permanent gate constituted a breach of a temporary injunction restraining blocking of access to suit property.

Orders

  • The appeal is dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Time for Filing — Computation of Limitation Period
In computing the period of limitation for filing an appeal from a Registrar's order under Section 79 of the Civil Procedure Act, the time begins to run from the date the appellant obtains a copy of the ruling, not from the date of delivery of the ruling. The time taken by the court in preparing the copy is excluded from the computation.
Civil Procedure — Contempt of Court — Ingredients — Proof Required
To establish contempt of court, an applicant must prove: (i) the existence of a lawful order; (ii) the potential contemnor's knowledge of the order; (iii) the potential contemnor's ability to comply; and (iv) the potential contemnor's failure to comply. The standard of proof is higher than the balance of probabilities and approaches, but does not exactly reach, proof beyond reasonable doubt.
Civil Procedure — Temporary Injunctions — Purpose — Maintenance of Status Quo
The purpose of a temporary injunction is to maintain the status quo. Where an injunction order is issued after a party has already taken certain steps (such as erecting a gate), the status quo to be maintained includes the existence of those steps unless the court expressly orders their removal or reversal.
Civil Procedure — Contempt of Court — Interpretation of Orders — Compliance with Orders
A party cannot be found in contempt for conduct not prohibited by the terms of a court order. Where an injunction order restraining blocking of access to land is silent on the nature or improvement of an existing gate, improving that gate does not constitute contempt unless the improvement objectively alters the status quo or obstructs the access the order was intended to protect.

Legislation cited (5)

Cases cited (5)

  • Active Automobile Spares Ltd v Crane Bank and another (Supreme Court Civil Appeal No. 21 of 2001)
  • Betty Kizito v Dickson Nsubuga and another (Supreme Court Civil Application Nos. 25 and 26 of 2021)
  • Hon. Sitende Sebalu v Secretary General of the East African Community (Reference No. 8 of 2012)
  • Birihariiwe Eryeza v Bright Tom Amooti (Civil Appeal No. 42 of 2022)
  • Lukenge Hakeem v Hajati Namagembe & Others (Court of Appeal Civil Appeal No. 290 of 2020)

Full judgment

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

Kibirigi v Nyesigire (Civil Appeal 6 of 2023) [2024] UGHC 165 (28 February 2024)
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.