Wakilii

Mbabazi v Kabakumba and Another (Miscellaneous Application 177 of 2022)

High Court · [2023] UGHC 153 · 2023 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court for breach of consent judgment
Decision
1st respondent found in contempt and ordered to purge contempt; fined and ordered to pay compensation; costs awarded to applicant

Observed later treatment

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Holding

Held that the 1st respondent is in contempt of the consent judgment dated 8 June 2015, but only insofar as she has, from 9 January 2023, failed to comply with the terms requiring equal sharing of rental income and maintenance costs from Plot 45 Masindi Port Road. The court found no evidence that the consent judgment vested joint ownership of the property in the applicant and the late Ilyas Besisira Kisoke; the order was limited to rental income and maintenance obligations. The 1st respondent was fined UGX 7 million and ordered to pay compensation of UGX 33 million for rent lost by the applicant since 9 January 2023.

Outcome

1st respondent found in contempt and ordered to purge contempt; fined and ordered to pay compensation; costs awarded to applicant

Facts

The applicant, widow of the late Ilyas Besisira Kisoke, was joint owner of Plot 45, Masindi Port Road. On 8 June 2015, a consent judgment was entered in Miscellaneous Application No. 008 of 2015 entitling the applicant to her share of rental income (UGX 4 million every six months) and requiring equal contribution to maintenance costs. The 1st respondent purchased the property from the late Ilyas Besisira Kisoke in 2020–2021 for UGX 330 million and took possession. The applicant contended that the purchase and subsequent attempt to acquire title violated the consent judgment. The 1st respondent denied knowledge of the consent judgment until she was served with summons on 9 January 2023. The 2nd respondent halted the titling process upon receiving the applicant's objection letter in October 2021.

Issues

  1. Whether the respondents are in contempt of the court order in Miscellaneous Application No. 008 of 2015 and Civil Suit No. 002 of 2015.
  2. Whether the application is properly before court having regard to the time limits for service of summons.
  3. What remedies are available if contempt is established.

Orders

  • The 1st respondent is in contempt of the consent judgment only as far as the rental income and maintenance costs of the suit property are concerned as at 9 January 2023 to date.
  • The 1st respondent is ordered to purge the contempt by desisting from dealing with Plot 45, Masindi Port Road as her property in relation to the terms set out in the consent judgment.
  • The 1st respondent shall pay a fine of UGX 7,000,000 for contemptuous conduct, in default to serve 3 months imprisonment.
  • The 1st respondent shall pay the applicant compensation of UGX 33,000,000 as estimated value for rent lost by the applicant since 9 January 2023.
  • The 1st respondent is ordered to uphold the terms of the consent judgment delivered on 8 June 2015.
  • Application allowed with costs to the applicant to be met solely by the 1st respondent.

Rules and key headnotes

Contempt of Court — Elements of Contempt — Knowledge of Court Order
For contempt of court to be established, the complainant must prove: (1) existence of a lawful order; (2) the potential contemnor's knowledge of the order; and (3) the potential contemnor's failure to comply with the order. Knowledge of the order may be actual or inferred, and the standard of proof is higher than balance of probabilities but short of beyond reasonable doubt.
Service of Summons — Computation of Time — Excluded Period
Under Order 5 rule 1(2) of the Civil Procedure Rules, service of summons must be effected within twenty-one days from the date of issue. Order 51 rule 4 provides that the period between 24 December and 15 January inclusive shall not be reckoned in the computation of time for delivering or filing any pleading or doing any other act, unless the court otherwise directs or the matter is urgent.
Consent Judgments — Survival of Judgment — Effect of Death of Party
A consent judgment survives the death of a party to it and forms part of the deceased's estate. It can be executed by the administrators or legal representatives of the deceased.
Contempt of Court — Literal Interpretation of Court Orders — Scope of Compliance
A court order must be interpreted literally to determine the scope of obligations imposed. Where a consent judgment is limited to specific obligations (such as sharing rental income and maintenance costs), a party cannot be held in contempt for actions outside those specific terms unless those actions are expressly prohibited by the order.
Remedies for Contempt — Fine and Compensation
Civil contempt may be punished by way of fine, committal to civil prison, sequestration, or injunction. Where a party is found in contempt of a court order, the court may order payment of a fine as sanction for contemptuous conduct and may further order compensation to the aggrieved party for loss suffered as a result of the contemnor's failure to comply with the order.

Legislation cited (10)

Cases cited (4)

  • Stanbic Bank (U) Ltd and Jacobsen Power Plant Ltd v Commissioner General Uganda Revenue Authority (HCMA No. 42 of 2010)
  • Morris v Crown Office [1970] 1 All ER 7079
  • Lukenge v Hajjat Ajiri Namagembe (Civil Application No. 290 of 2020)
  • Hon. Sitenda Sebalu v Secretary General of the East African Community (EACJ Reference No. 8 of 2012)

Full judgment

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

Mbabazi v Kabakumba and Another (Miscellaneous Application 177 of 2022) [2023] UGHC 153 (22 December 2023)
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.