Lukuli Coffee Factory Ltd and Another v Isaac Mulindwa (Miscellaneous Application 1480 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that a party in contempt of court by disobeying existing court orders cannot be heard in a different but related cause unless such person has purged himself or herself of the contempt. The applicants, having been found in contempt and ordered to pay UGX 20,000,000 within one month but failing to comply, could not be granted audience to seek stay of execution of the contempt orders. Application and related appeal dismissed.
Outcome
Application and related appeal dismissed for lack of standing due to applicants' contempt of court
Facts
The applicants sought stay of execution of orders made by the Assistant Registrar in Miscellaneous Application No. 955 of 2025, which was a contempt application arising from Civil Suit No. 305 of 2025. In the contempt ruling, the 2nd applicant had been found in contempt of court orders and ordered to pay UGX 20,000,000 to the respondent within one month, failing which she would be committed to civil prison for six months. The applicants had not complied with this order but filed an appeal and sought stay of execution. The respondent raised a preliminary objection that the applicants, being contemnors who had not purged their contempt, should not be granted audience of court.
Issues
- Whether a contemnor has the right to be heard before purging himself or herself of contempt.
- Whether applicants found in contempt of court orders can seek stay of execution of those contempt orders without first purging their contempt.
Orders
- Miscellaneous Application No. 1480 of 2025 dismissed.
- Miscellaneous Appeal No. 048 of 2025 dismissed.
- No orders as to costs in both matters.
Rules and key headnotes
Legislation cited (4)
- Civil Procedure Act s.98
- Civil Procedure Rules O.43 r.4(2)
- Civil Procedure Rules O.43 r.4(3)
- Civil Procedure Rules O.43 r.4(5)
Cases cited (4)
- Judith Rwakishumba and Another v Sikh Saw Mills and Ginners Ltd (Civil Appeal No. 182 of 2021)
- Jingo Livingstone Mukasa v Hope Rwaguma (Civil Appeal No. 190 of 2015)
- Hadkinson v Hadkinson [1952] 2 All ER 567
- Housing Finance Bank Ltd and Another v Edward Musisi (2010)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.