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Kyeyune Nuriat Alias Biira Nansubuga v Equity Bank Uganda Limited and Others [2026] UGHC 679

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for a declaration of civil contempt of court and punitive orders, arising from interim injunction proceedings in a pending civil suit
Decision
Contempt application dismissed; respondents found not to be in contempt of the ex parte interim order

Observed later treatment

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Holding

The court restated the four requirements for civil contempt — an existing lawful order, the contemnor's knowledge of it, ability to comply and failure to comply — proof of which must be higher than the balance of probabilities and almost beyond reasonable doubt. Although a valid interim order restraining eviction existed, the evidence on record (an affidavit of service) showed the first and second respondents were served only on 11th March 2026 and the third respondent notified on 12th March 2026, after the second respondent had already taken possession of the suit land on handover. The applicant's unsupported allegation of evaded service on 10th March was rejected. Conduct predating knowledge of the order could not constitute contempt; the application was dismissed.

Outcome

Contempt application dismissed; respondents found not to be in contempt of the ex parte interim order

Facts

The applicant claimed to be the wife of a mortgagor whose matrimonial home at Kyadondo Block 234 Plot 2183, Kirinya, was mortgaged to the first respondent without her knowledge or consent. On default, the property was sold and the second respondent was registered as proprietor on 30th January 2026. On 6th March 2026 the first respondent handed over the suit land to the second respondent in the presence of police and local authorities, evidenced by a police letter acknowledging receipt of the property. The applicant filed a civil suit challenging the mortgage and sale and obtained an administrative ex parte interim order on 10th March 2026 restraining eviction and dealings in the land, followed by an interim order on 16th March 2026. She alleged the respondents broke into the home on 10th March 2026, dumped her belongings on the verandah, and thereafter engaged the third respondent to deploy armed personnel. An affidavit of service showed the first and second respondents were served on 11th March 2026 and the third respondent was notified by letter on 12th March 2026. No evidence supported her claim that service was attempted and evaded on 10th March 2026. The applicant's challenge to the date on the police endorsement failed because the stamp was illegible.

Issues

  1. Whether the respondents were in contempt of the ex parte interim order issued by the court in Miscellaneous Application No. 250 of 2026 dated 10th March 2026.

Orders

  • The application is dismissed.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements to be Proved
To establish civil contempt an applicant must prove the existence of a lawful court order, the alleged contemnor's knowledge of that order, the alleged contemnor's ability to comply with it, and the alleged contemnor's failure to comply.
Evidence — Standard of Proof — Contempt of Court Proceedings
The standard of proof in contempt proceedings is higher than proof on a balance of probabilities and almost, though not exactly, beyond reasonable doubt; the deliberate conduct amounting to disobedience must be proved, but it need not be shown that the contemnor intended to bring the court into disrepute.
Civil Procedure — Contempt of Court — Knowledge of the Order — Proof of Service
A person cannot be held in contempt of a court order of which he had no knowledge, and knowledge must be established by evidence such as an affidavit of service; a bare averment that service was attempted and evaded, unsupported by evidence, does not establish knowledge on the alleged earlier date.
Civil Procedure — Contempt of Court — Acts Preceding Notice of the Order
Acts of taking possession of property completed before an order is brought to the knowledge of the party concerned cannot constitute contempt of that order.
Civil Procedure — Contempt of Court — Duty to Obey Orders Whether Regular or Irregular
A party who knows of a court order, whether null or valid, regular or irregular, cannot be permitted to disobey it for so long as it subsists, and the order must be complied with in totality and in all circumstances.

Legislation cited (5)

Cases cited (9)

  • Prof. Fredrick E. Ssempebwa and Others v Attorney General (Civil Application No. 5 of 2019)
  • Andrew Kilama Lajul v Uganda Coffee Development Authority (Miscellaneous Application No. 324 of 2020)
  • Onen David and 2 Others v Otto Ocan and 2 Others (Miscellaneous Application No. 131 of 2019)
  • Hon. Sitenda Sebalu v Secretary General of the East African Community (Reference No. 8 of 2012)
  • Betty Kizito v Dickson Nsubuga and Others (Civil Applications No. 25 and 26 of 2021)
  • Jack Erasmus Nsangiranabo v Col. Kaka Bagyenda and Attorney General (Miscellaneous Application No. 671 of 2019)
  • Hadkinson Vs Hadkinson [1952] 2 All ER 567
  • Church Vs Cremer (1 Coop Temp Cott 342)
  • Housing Finance Bank Ltd and Another v Edward Musisi (Civil Application No. 158 of 2010)

Full judgment

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

Kyeyune Nuriat Alias Biira Nansubuga v Equity Bank Uganda Limited and Others [2026] UGHC 679 (19 June 2026)
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.