Luyombya Erenea and Others v Lutamaguzi Steven and Others (Miscellaneous Application 26 of 2026)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted an interim stay of execution of a contempt order and released the 5th applicant from civil prison pending determination of a review application. The court held that in family estate matters requiring participation of all parties, interim relief is appropriate where a substantive application is pending and there is a need to preserve the status quo to allow proper resolution of the underlying dispute.

Outcome

5th applicant released from civil prison and execution stayed pending determination of review application

Facts

The applicants were found in contempt of court orders issued on 5 July 2024 directing them to cease intermeddling with the estate of the late Mukasa Washington Kinene, file an inventory, and commence the process of securing letters of administration. On 10 December 2025, the court committed the applicants to six months in civil prison for contempt. The 5th applicant was imprisoned on 27 February 2026. The applicants had filed Miscellaneous Application No.564 of 2025 seeking review of the contempt orders before the 5th applicant was committed. The applicants claimed they had filed an inventory but it was never endorsed by court. The 5th applicant claimed to suffer from serious chronic illness requiring medical treatment. The respondents opposed the application, arguing the applicants had intermeddled with the estate since 2022 without accountability, collecting income and excluding other beneficiaries.

Issues

1. Whether this application discloses sufficient grounds for grant of interim reliefs?
2. Whether the applicants shall suffer irreparable injustice if interim relief is not granted?
3. What remedies are available to the parties?

Orders

• 5th applicant Mukiibi James Kiwanuka be released from civil prison until Miscellaneous Application No.564 of 2025 is heard and disposed.
• Execution proceedings against the 1st to the 4th applicants be temporarily stayed until Miscellaneous Application No.564 of 2025 is heard and disposed.
• All proceeds and income from the estate property be deposited in court pending completion of the process of acquisition of letters of administration.
• An injunctive order is hereby issued restraining the parties (Applicants and Respondents), their agents, servants, or assigns from further intermeddling with the estate pending the resolution of the applications pertaining to the Estate and grant of letters of administration.
• Execution in Civil Suit No.219 and the applications arising therefrom are granted pending the determination of Misc.Appln No.564 of 2025.
• No order as to costs is made.

Rules and key headnotes

Legislation cited (13)

• Civil Procedure Rules Order 43 rule 4(2)
• Civil Procedure Rules Order 43 rule 3
• Civil Procedure Rules Order 43 rule 5
• Civil Procedure Rules Order 22 rule 37
• Civil Procedure Act s.42
• Civil Procedure Act s.43
• Civil Procedure Act s.98
• Civil Procedure Act s.41(1)
• Civil Procedure Act s.42(1)(b)
• Judicature Act s.33
• Constitution of the Republic of Uganda 1995 Article 28
• Constitution of the Republic of Uganda 1995 Article 126(2)(e)
• Succession Act Cap 268 s.268(2)

Cases cited (14)

• Hwang Sung Industries Limited v Tajdin Hussein and Others (Supreme Court Civil Appeal No. 19 of 2008)
• E.L.T Kiyimba Kaggwa v Haji Abdu Nasser Katende [1985] HCB
• Commodity Trading Industries v Uganda Maize Industries (2001) HCB
• Eastern Cargolines Consults Limited and Another v RJF International (Pty) Limited and 3 Others (Miscellaneous Application No. 611 of 2012) [2012] UGCommC 162
• Fellowes and Son v Fisher [1976] 1 QB 122
• Hon. Theodore Ssekikubo and Others v Attorney General (Supreme Court Constitutional Application No. 4 of 2014)
• Male H. Mabirizi Kiwanuka v Attorney General (Civil Application No. 39 & 91 of 2022)
• Kyambogo University v Prof. Isiah Omolo Ndiege (Court of Appeal Civil Application No. 341 of 2013)
• STANBIC BANK (U) LTD VERSUS COMMISSIONER GENERAL URA
• Re Contempt of Dougherty 492 Michigan 87, 97 (1987)
• MABIRIZI KIWANUKA VERSUS ATTORNEY GENERAL
• The Republic of Costa Rica v Erianquer (1877) 46 LJCH 375
• Hadkison v Hadkison (1952) All ER 567
• National Bank of Kenya Ltd v John Odowa Oluoch (Kisumu High Court Civil Suit No. 205 of 2007)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Rwenzori Commodities Limited v Dr. Sam Mayanja (HCT-01-CV-MC-0004-2026)

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