Wakilii

Lilian Katuuka v Kasule Tezigatwa and 2 Others (Miscellaneous Application No. 613 of 2025)

High Court · [2025] UGHCLD 375 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt orders arising from alleged breach of consent judgment in mediation proceedings
Decision
Application for contempt dismissed on the ground that the underlying agreement was void for uncertainty

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the agreement dated 1st December 2020, which formed the basis of the consent judgment, was void for uncertainty under section 22 of the Contracts Act due to the lack of specific description of the subject matter land. A void agreement cannot be enforced, and therefore contempt proceedings based on a consent judgment founded on such void agreement cannot succeed. Application dismissed.

Outcome

Application for contempt dismissed on the ground that the underlying agreement was void for uncertainty

Facts

The parties entered into a consent judgment on 9th December 2020 resolving a land dispute. Under the consent, the 2nd and 3rd respondents agreed to buy alternative land for the 1st respondent so he would vacate the applicant's land. The 1st respondent was given six months to harvest crops and was to cease all claims from 1st May 2021. The applicant brought this application alleging the 1st respondent violated the consent by cutting down her crops valued at UGX 13,560,000 and that the 2nd and 3rd respondents failed to provide the alternative land. The 1st respondent denied contempt, stating he never received the alternative land. The consent judgment incorporated a handwritten Luganda agreement dated 1st December 2020 between the three respondents concerning an unspecified kibanja. The applicant was not a party to that agreement.

Issues

  1. Whether the respondents were in contempt of the consent judgment dated 9th December 2020.
  2. Whether the agreement dated 1st December 2020 forming the basis of the consent judgment was void for uncertainty under section 22 of the Contracts Act.

Orders

  • Application dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Contract Law — Void Contracts — Uncertainty of Terms — Section 22 Contracts Act
An agreement whose subject matter is not certain or capable of being made certain is void for uncertainty under section 22 of the Contracts Act and is therefore unenforceable.
Civil Procedure — Consent Judgments — Enforceability — Void Underlying Agreement
Where a consent judgment is founded on an underlying agreement that is void for uncertainty, the consent judgment cannot be enforced and contempt proceedings based on alleged breach of such consent judgment cannot succeed.
Land & Property — Description of Land — Certainty Requirement
An agreement concerning land must contain a specific description of the subject matter land; failure to provide such description renders the agreement void for uncertainty.

Legislation cited (1)

Full judgment

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Lilian_Katuuka_v_Kasule_Tezigatwa_and_2_Others_(Miscellaneous_Application_No._613_of_2025)_[2025]_UGHCLD_375_(7_November_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.