Wakilii

Nakitende & Anor v Kigozi & 2 Ors (Misc. Application No. 495 of 2016)

High Court · [2016] UGHCLD 6 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside consent judgment arising from Civil Suit No. 128/2009
Decision
Consent judgment and contempt orders set aside; matter remitted for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that applicants found in contempt of a consent judgment may be heard when applying to set aside the order they allegedly disobeyed, as an exception to the general rule barring contemptuous parties from court audience. A third party affected by a court order can apply for review under the court's inherent powers. The consent judgment entered in Civil Suit No. 128 of 2009 was set aside, together with consequent contempt orders, where the applicants' occupation rights and succession interests in the suit land required determination after full evidence.

Outcome

Consent judgment and contempt orders set aside; matter remitted for hearing on merits

Facts

The applicants, beneficiaries of the Estate of Nalumansi Nakku Christine, sought to set aside a consent judgment entered in Civil Suit No. 128/2009 concerning land comprised in Busiro Block 303-305. The consent judgment declared the land to be property of the Ffumbe Clan for the cultural Nakku of Buganda institution, not hereditary to any sitting Nakku. The first respondent, as Prime Minister of Ffumbe Clan, had sued claiming the land was official estate attached to the cultural position of Nakku. The defendants in the original suit were administrators of Nalumansi Nakku Christine's estate who claimed the land as her personal property. The second and third respondents, as administrators, entered the consent judgment with the first respondent. The applicants alleged the judgment affected their interests without their knowledge and that the administrators had already distributed the land. The applicants had previously been found in contempt of the consent judgment under Misc. Application No. 49 of 2015.

Issues

  1. Whether the applicants had a right to be heard in High Court Civil Suit No. 128 of 2009.
  2. Whether a consent judgment can be set aside or varied on application of parties found in contempt of that judgment.
  3. Whether the consent judgment was obtained in a manner affecting the applicants' interests without their knowledge.

Orders

  • The consent judgment entered in Civil Suit No. 128 of 2009 on 29 January 2013 is set aside.
  • The consequent orders of contempt of court made under Miscellaneous Application No. 49 of 2015 are set aside.
  • Each party shall be responsible for their own costs in this application.

Rules and key headnotes

Civil Procedure — Contempt of Court — Right to be Heard — Exception to General Rule
A person found in contempt of a court order may be granted audience when applying to impeach or set aside the order which they are alleged to have disobeyed, as fair trial principles and the right to be heard justify treating such applications as an exception to the general rule that parties in contempt are denied court audience.
Civil Procedure — Consent Judgments — Setting Aside — Third Party Rights
A third party who is affected by an order of court can under the inherent powers of court apply for review and to set aside a consent judgment, even though they were not a party to the original proceedings.
Civil Procedure — Consent Judgments — Grounds for Setting Aside
A consent judgment cannot be varied or discharged unless obtained by fraud, collusion, or in a manner contrary to court policy, and may be rescinded on grounds similar to those governing rescission of contracts, including mistake, misrepresentation, fraud, or absence of consent of parties against whom the judgment is to be enforced.

Legislation cited (4)

Cases cited (4)

  • Housing Finance Bank Ltd v Edward Musisi (Misc. Application No. 158 of 2010)
  • Hadkison Versus Hdkison (1952) 2 ALL E.R
  • BROKE BOND LIE BIGCU VERSUS MALLY (1975)
  • Allibai v Nabukenya Musa & Another (Supreme Court Civil Appeal No. 56 of 1996)

Full judgment

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

Nakitende & Anor v Kigozi & 2 Ors (Misc. Application No. 495 of 2016) [2016] UGHCLD 6 (25 November 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.