Wakilii

Muwanguzi v Kikayi (Miscellaneous Civil Application 78 of 2023)

High Court · [2024] UGHC 983 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte contempt application arising from breach of temporary injunction order in underlying civil suit
Decision
Respondent found in contempt with suspended sentence of six months' detention imposed for any further breach and fine of UGX 1,000,000 ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court found the respondent in contempt for violating a temporary injunction restraining dealings with property comprised in FRV 111, Folio 19, Plot 5 Arubaine Way, Busia. The court applied the four-element test for contempt, finding all elements satisfied where the respondent, with knowledge of the injunction order, rented out the suit premises, broke locks, removed iron sheets, and caused damage to the property. The respondent's failure to oppose the application was taken as acceptance of the averments.

Outcome

Respondent found in contempt with suspended sentence of six months' detention imposed for any further breach and fine of UGX 1,000,000 ordered

Facts

The applicant obtained a temporary injunction under Miscellaneous Application No. 182 of 2019 at the High Court of Uganda at Mbale, restraining the respondent from dealing with or interfering with property comprised in FRV 111, Folio 19, Plot 5 Arubaine Way, Arubaine 'A' North East, Busia Municipal Council until disposal of the main suit (Civil Suit No. 033 of 2019). After issuance of the order, the respondent allegedly rented out the suit premises to new tenants, resisted the applicant's attempts to cause the tenants to vacate, entered the premises, broke locks, removed iron sheets, and caused further damage to the suit property. The applicant filed this contempt application, which the respondent did not oppose despite being served. The court ordered the application to proceed ex parte on 11 April 2024.

Issues

  1. Whether the Respondent is liable for contempt of Court

Orders

  • A declaration that the Respondent committed contempt of a Court
  • A suspended sentence of six months' detention in Civil Prison for any further contempt of a Court order under Appln. No.182 of 2019 at the High Court of Uganda at Mbale
  • An order directing the Respondent to pay UGX 1,000,000 (one Million Shillings Only) as a fine for contempt of a Court order, and exhibit receipt of the same in this Court within 60 days
  • An order granting the Applicant the costs of this application

Rules and key headnotes

Contempt of Court — Elements Required for Proof
To prove contempt of court, four elements must be established: the existence of a lawful order, the contemnor's knowledge of the order, the contemnor's ability to comply with the order, and the contemnor's failure to comply with the order.
Contempt of Court — Uncontested Averments in Affidavit
Where certain facts are sworn in an affidavit and the other party fails to deny them or oppose the application, those facts are presumed to have been accepted.
Contempt of Court — Sanctions for Breach of Injunction Order
Where a party is found in contempt for breaching a temporary injunction order restraining dealings with property, the court may impose a suspended sentence of detention in civil prison for further contempt and order payment of a fine.

Legislation cited (4)

Cases cited (2)

  • Erasmus Masiko v John Imaniraguha and Others (High Court Miscellaneous Application No. 1481 of 2016)
  • Samwiri Massa v Rose Achen [1978] HCB 297

Full judgment

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

Muwanguzi v Kikayi (Miscellaneous Civil Application 78 of 2023) [2024] UGHC 983 (11 July 2024)
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.