Nalumansi & 3 Ors v Bukenya &Anor (Misc Application No. 0872 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the contempt application for want of proof. An interim order dated 24th November 2015 had directed no further construction pending the trial judge's directions. The applicants alleged ongoing construction by the respondents. The court held that the burden of proving contempt rested on the applicants. The respondents' affidavits specifically denied the alleged conduct. The applicants' evidence consisted of bare assertions without the specific proof required to establish contempt on the required standard.
Outcome
Application for contempt dismissed for failure to prove allegations
Facts
The applicants sought orders for contempt of court. A previous court order dated 24th November 2015 in Misc. Application No. 1032 of 2015 had been issued directing no further construction of new areas until other directions by the Judge. The order was stated to be interim for one week, pending directions of the trial judge. The applicants alleged through the affidavit of Nkumbi Godfrey that the respondents continued with their developments in breach of this order. The respondents, through affidavits of Bukenya and Ngobye Edward, denied the allegations of contempt.
Issues
- Whether the respondents were in contempt of the court order dated 24th November 2015 which directed no further construction in the new area until the Judge directed otherwise.
- Whether the applicants proved contempt on the required standard.
Orders
- Application dismissed.
- Costs in the main cause.
Rules and key headnotes
Legislation cited (3)
Cases cited (2)
- Housing Finance Bank Ltd v Edward Musisi (Court of Appeal Misc. Application No. 158 of 2010)
- Worldlife Lodges Limited versus County Council of Narok and Another (2005)2 EA.334 (HC/C)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.