Wakilii

Metropolitan Properties Ltd v Mugume (Miscellaneous Application No. 2928 of 2015)

High Court · [2016] UGHCEBD 33 · 2016 Application Granted — Warrant of Arrest Issued AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside installment payment order and issue warrant of arrest for contempt of court in execution proceedings
Decision
Warrant of arrest issued for judgment debtor to show cause why he should not be committed to civil prison

Observed later treatment

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Holding

The court held that failure to comply with an installment payment order constitutes contempt of court and that a party in contempt cannot be heard until they purge the contempt. The court found the judgment debtor guilty of contempt for failing to make payments for seven months after the first installment. The respondent's affidavit in reply was declared invalid as it was not sworn before a Commissioner of Oaths. The court declined to exercise discretion to extend payment time as doing so would encourage impunity. A warrant of arrest was issued.

Outcome

Warrant of arrest issued for judgment debtor to show cause why he should not be committed to civil prison

Facts

Metropolitan Properties Ltd obtained a decree in Civil Suit 274 of 2010 for UGX 100,000,000 plus taxed costs of UGX 8,398,760 against Oscar Mugume. After the Court of Appeal rejected Mugume's stay application, execution proceedings commenced. Multiple warrants of arrest were issued. On 15 September 2015, the court allowed Mugume to pay the decretal sum in installments of UGX 10,000,000 per month. Mugume deposited the first installment on 23 September 2015, but made no further payments over the subsequent seven months. Metropolitan Properties applied to set aside the installment order and issue a warrant of arrest for contempt.

Issues

  1. Whether the respondent's failure to pay decretal sum installments as ordered constitutes contempt of court.
  2. Whether the court should set aside the installment payment order and issue a warrant of arrest.
  3. Whether the court should exercise discretion under s.98 of the Civil Procedure Act to extend time for payment.
  4. Whether the affidavit in reply is valid where the deponent did not appear before the Commissioner of Oaths.

Orders

  • Application allowed.
  • Warrant of arrest to issue for the respondent to appear before court to show cause why he should not be committed to a civil prison.
  • Costs of the application granted to the applicant.

Rules and key headnotes

Contempt of Court — Disobedience of Court Orders — Effect
Disobedience of civil court orders ought not to be allowed by courts. A party who knows of an order cannot be permitted to disobey it, and as long as the order exists, it must not be disobeyed.
Contempt of Court — Party in Contempt — Right to be Heard
A party in contempt of court by disobeying an existing order cannot be heard in a different but related cause or motion until such person has purged himself of the contempt.
Affidavit Evidence — Swearing Before Commissioner of Oaths — Mandatory Requirement
An affidavit must be sworn before and signed by a Commissioner for Oaths. Where a deponent does not appear before the Commissioner of Oaths and the signature is merely scanned and placed on the document, the affidavit is invalid and cannot be relied upon.
Extension of Time — Exercise of Discretion — Contempt Cases
While a court has discretion under s.98 of the Civil Procedure Act to extend time for payment of a decretal sum, such power must be exercised judiciously and where equitable. Where a judgment debtor is in contempt by ignoring court orders rather than seeking the court's indulgence, exercising discretion to extend time would encourage impunity.

Legislation cited (5)

  • Civil Procedure Rules O.22 r.1(1)(a)
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Act s.98
  • Commissioner for Oaths (Advocates) Act s.5
  • Commissioner for Oaths (Advocates) Act s.6

Cases cited (6)

  • Stanbic Bank (U) Ltd & Another v Commissioner General of URA (Miscellaneous Application No. 0042 of 2010)
  • Musisi and Another v Namugemyi Margaret (Constitutional Court Application No. 19 of 2011)
  • Hadkinson v Hadkinson [1952] 2 All ER 579
  • Kakooza John Baptist v Electoral Commission and Another (Election Petition Appeal No. 11 of 2007)
  • Majyambere v Bhakresa Khahl (High Court Appeal No. 727 of 2011)
  • Makula International v Cardinal Nsubuga [1982] HCB

Full judgment

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

Metropolitan Properties Ltd v Mugume (Miscellaneous Application No. 2928 of 2015) [2016] UGHCEBD 33 (19 April 2016)
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.