Wakilii

Mugasa v Kyamanywa (Miscellaneous Application No. 141 of 2019)

High Court · [2021] UGHCCD 180 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for arrest and detention for contempt of court arising from alleged disobedience of temporary injunction order
Decision
Application for arrest and detention dismissed for failure to establish contempt

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Holding

The High Court dismissed the application for contempt of court. While the court confirmed that a lawful injunctive order existed and the respondent had knowledge of it, the applicant failed to prove that the land at Goroora, Plot 179, Block (Road) 3 was part of the suit land covered by the injunction. The applicant did not adduce evidence connecting the allegedly interfered-with land to the suit property comprised in Plot 18, Block 9. Contempt of court must be proved to a standard higher than the balance of probabilities, and this burden was not met.

Outcome

Application for arrest and detention dismissed for failure to establish contempt

Facts

The Applicant filed Civil Suit No. 55 of 2015 against the Respondent concerning land inherited from the late Hajji Rashid Mugasa. A temporary injunction was granted on 23 September 2016 restraining the Respondent from subdividing, fencing, or interfering with suit land comprised in Plot 18, Block 9, Volume 1373, Folio 16, farmland at Kiriankabe, and land at Butiaba. The Applicant subsequently filed this application alleging the Respondent contemptuously disobeyed the injunction by subdividing land at Goroora, Plot 179, Block (Road) 3, erecting mark stones, alienating parts to third parties including Adnan Kiiza, and chasing the deceased's children from the land. The Respondent denied the allegations, contending that Plot 179 at Goroora was different and distinct from the suit land covered by the injunction.

Issues

  1. Whether the Assistant Registrar had jurisdiction to entertain an application for contempt of court when the original injunctive order was issued by a Judge.
  2. Whether the Respondent disobeyed the temporary injunction order dated 23 September 2016.
  3. Whether the activities on land at Goroora, Plot 179, Block (Road) 3 constituted contempt of the court order relating to Plot 18, Block 9 farmland at Kiriankabe.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Contempt of Court — Jurisdiction — Applications arising from Judge's orders must be heard by Judge
Where a temporary injunction is granted by a Judge, a subsequent application for contempt of that order must be heard by the Judge and not the Assistant Registrar, as the Registrar lacks jurisdiction to entertain contempt applications arising from orders made by a Judge.
Civil Procedure — Contempt of Court — Standard of Proof — Higher than balance of probabilities
Contempt of court must be proved to a standard higher than proof on a balance of probabilities.
Civil Procedure — Contempt of Court — Elements — Existence of lawful order, knowledge, and disobedience
To establish contempt of court, three elements must be proved: the existence of a lawful order, knowledge of the order by the alleged contemnor, and conduct constituting disobedience of that order.
Civil Procedure — Contempt of Court — Proof of Disobedience — Need to connect alleged conduct to subject matter of order
Where an applicant alleges contempt through interference with property, the applicant must adduce evidence connecting the allegedly interfered-with property to the property that is the subject of the court order. Absent such evidence, contempt cannot be established.

Legislation cited (3)

  • Civil Procedure Rules O.4 r.2(3)
  • Civil Procedure Rules O.4 r.9
  • Civil Procedure Rules O.50 r.7

Cases cited (6)

  • Dawaru v Angumale Albino and Another (Miscellaneous Application No. 96 of 2016)
  • [1972] 1 All ER 997
  • [1952] All ER 567
  • CHUCK VS CREMER (1 Coup Temp Cott 342)
  • Nakandi v Musa Katongole (Miscellaneous Application No. 252 of 2018)
  • [1985] KLR 227

Full judgment

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

Mugasa v Kyamanywa (Miscellaneous Application No. 141 of 2019) [2021] UGHCCD 180 (6 December 2021)
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.