Wakilii

Musisi Ssewakiryanga George and Others v Nalule Florence and Another (Miscellaneous Application No. 1811 of 2025)

High Court · [2025] UGHCFD 89 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from alleged non-compliance with consent judgment in Civil Suit No. 0491 of 2022
Decision
Application partly allowed; respondents ordered to comply with consent judgment within one month but not formally held in contempt

Observed later treatment

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Holding

The court found that the respondents' refusal to register new administrators on certificates of title and refusal to conduct a joint survey amounted to contempt of the consent judgment. However, the court declined to formally hold the respondents in contempt, instead ordering immediate compliance with the consent judgment terms within one month, noting that the second respondent had begun taking steps toward compliance after the court's caution.

Outcome

Application partly allowed; respondents ordered to comply with consent judgment within one month but not formally held in contempt

Facts

The parties entered into a consent judgment on 7 November 2024 in Civil Suit No. 0491 of 2022 concerning the estate of the late George William Nsereko. The consent judgment revoked letters of administration previously granted to the respondents and appointed new administrators. The applicants alleged that the respondents failed to comply with the consent judgment by refusing to register the new administrators on certificates of title for land at Matembe and Nakakololo, refusing to return signed applications and certificates of title to enable survey, and refusing to conduct a joint survey. The respondents contended that caveats lodged by the applicants and a temporary injunction prevented them from complying. After the court heard the matter on 12 June 2025 and cautioned the respondents, the second respondent lodged an application for registration of the new administrators on 24 June 2025 for one of the properties.

Issues

  1. Whether the Respondents are in contempt of the Court Orders issued vide Civil Suit No. 0491 of 2022.
  2. What remedies are available to the parties?

Orders

  • The Orders issued in the Consent Judgment in Civil Suit No. 0491 of 2022 are still binding on all the parties involved and should be executed as such.
  • The Respondents shall cause the Registration of the new Administrators of the estate of the late George William Nsereko on the Certificates of Title of land comprised in Bulemezi Block 576 Plot 10, 36 & 37 land at Matembe and Kyadondo Block 131 Plot 62 & 69 land at Nakakololo within one month from the date of this Ruling and in any case not later than the 29th day of August 2025.
  • The new Administrators shall administer the estate of the late George William Nsereko as per the terms/Orders of the Consent Judgment.
  • Each party shall bear its own costs.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements of Civil Contempt
For one to be liable for contempt of court, there must exist a lawful order which should be within the potential contemnor's knowledge, and he or she must have disobeyed that order.
Civil Procedure — Consent Judgments — Enforceability and Binding Effect
A consent judgment endorsed by the court becomes the judgment of the court and the terms therein become orders of the court, binding on all parties. Anything done before the signing and endorsement of the consent judgment does not bind any of the parties, and the consent judgment is not retrospective in nature.
Civil Procedure — Contempt of Court — Effect of Caveats on Registration Obligations
A caveat lodged on estate property does not prevent the registration of a court order appointing new administrators on certificates of title. Refusal to register new administrators on the ground that caveats exist amounts to contempt of court.
Civil Procedure — Contempt of Court — Discretion to Purge Contempt
Where a party's actions amount to contempt but the party has begun taking steps toward compliance and where holding the party in contempt would hinder the effective administration of an estate, the court may exercise discretion to give the party an opportunity to purge the contempt by ordering immediate compliance rather than imposing sanctions.

Cases cited (4)

  • Waswa Amon Bwogi v Mohamood Noordin Thobani and Another (Miscellaneous Application No. 0229 of 2023)
  • Sempebwa and Others v Attorney General [2019] 1 EA
  • Betty Kiito v Dickson Nsubuga and Others (SCCA Nos. 25 & 26 of 2021)
  • Carey versus Laiken 2015 SCC 17

Full judgment

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

Musisi Ssewakiryanga George and Others v Nalule Florence and Another (Miscellaneous Application No. 1811 of 2025) [2025] UGHCFD 89 (29 July 2025)
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.