Wakilii

Nagujja v Namwonge alias Agnes Juuko and 3 Others (Miscellaneous Application No. 1878 of 2021)

High Court · [2022] UGHCLD 1 · 2022 Application Granted — Contempt Established AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from Civil Suit No. 62 of 2013
Decision
First respondent found guilty of contempt and ordered to restore fence or pay compensation within 30 days, failing which she will be committed to civil prison for six months; exemplary damages awarded.

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Holding

The court held that the first respondent was guilty of contempt of court for disobeying a permanent injunction restraining her from trespassing on the applicant's land and collecting rent. The respondent publicly announced she would not obey the judgment, encouraged tenants to continue paying rent to her, and supervised destruction of the applicant's fence. The court ordered the respondent to restore the fence or pay UGX 20,000,000 within 30 days, failing which she would be committed to civil prison for six months, and awarded exemplary damages of UGX 50,000,000.

Outcome

First respondent found guilty of contempt and ordered to restore fence or pay compensation within 30 days, failing which she will be committed to civil prison for six months; exemplary damages awarded.

Facts

The applicant obtained judgment in Civil Suit No. 62 of 2013 on 17 September 2021, declaring her the lawful owner of the suit kibanja and issuing a permanent injunction restraining the first respondent from trespassing and collecting rent. After being served with the judgment, the first respondent went to the applicant's home and announced via public address system that she would not obey the judgment, that she remained in control of the land, and that tenants should continue paying rent to her. On 27 October 2021, the respondents went to the suit land and destroyed the applicant's wooden fence, flowers, her son's mobile phone, television set, and furniture. The first respondent continued to collect rent from tenants and encouraged them to pay rent to her despite the court order. The first respondent had filed an appeal but did not apply for a stay of execution.

Issues

  1. Whether the respondents are guilty of contempt of court.
  2. What remedies are available to the parties.

Orders

  • Application granted.
  • The 1st respondent is given 30 days to restore the fence erected by the applicant or pay UGX 20,000,000 to the applicant to restore the fence.
  • Upon failure to restore the fence or pay within 30 days, the 1st respondent shall be arrested and committed to civil prison for a period of six months.
  • The 1st respondent shall pay exemplary damages of UGX 50,000,000 to the applicant.
  • Interest of 12% per annum on the exemplary damages from the date of this ruling until payment is completed in full.
  • Costs of the application awarded to the applicant, to be paid by the 1st respondent.

Rules and key headnotes

Contempt of Court — Elements Required for Finding of Contempt
For contempt of court to be established, three elements must be proved: (a) existence of a lawful court order; (b) the potential contemnor's knowledge of the order; and (c) the potential contemnor's failure to comply with or disobedience of the order.
Contempt of Court — Effect of Appeal on Obligation to Comply with Court Order
A party who knows of a court order cannot be permitted to disobey it by reason of what that party regards the order to be, whether the party views it as null, valid, regular, irregular, or fake. An appeal does not operate as an automatic stay of execution, and a judgment creditor has every right to enjoy the benefits accruing from the judgment unhindered unless a stay of execution is granted.
Contempt of Court — Civil Imprisonment as Remedy
Imprisonment for civil contempt is properly ordered where the defendant has refused to do an affirmative act required by a mandatory court order. However, civil prison should be exercised with restraint, especially where there is an option of granting monetary awards against the contemnor in lieu of imprisonment. Civil prison is appropriate only when the contemnor fails to meet the obligation to pay compensation or restore property within the time specified.
Contempt of Court — Exemplary Damages for Contempt
Exemplary damages are by their nature intended to punish the defendant or respondent. Where a party's high-handed behavior in contempt of court has occasioned actual loss to the applicant, it is appropriate for the court to award exemplary damages as punitive damages for contempt of court orders.
Enforcement of Land Rights — Permanent Injunction Against Trespass and Rent Collection
Where a court has declared a party to be the lawful owner of land and issued a permanent injunction restraining another party from trespassing and collecting rent, the judgment creditor is entitled to immediate enjoyment of those rights. Acts by the restrained party to prevent the judgment creditor from enjoying those rights, including publicly announcing non-compliance, encouraging tenants to continue paying rent to the restrained party, and destroying property on the land, constitute contempt of court.

Legislation cited (5)

Cases cited (5)

  • Megha Industries Ltd v Conform Uganda Ltd (HCMC No. 21 of 2014)
  • Ngabirano v Bagyenda and Another (Miscellaneous Application No. 671 of 2019)
  • Re Contempt of Dougherty 429, Michigan 81, 97 and (1987)
  • A vs. B [1974] INZLR 673 and 677
  • Loomis vs. Rohan (1974) 46 DLR (3d) 423

Full judgment

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

Nagujja_v_Namwonge_alias_Agnes_Juuko_and_3_Others_(Miscellaneous_Application_No._1878_of_2021)_[2022]_UGHCLD_1_(18_January_2022)
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.