Wakilii

Nassolo & 4 Others v Engola & 5 Others (Miscellaneous Application 2470 of 2024)

High Court · [2025] UGHCLD 28 · 2025 Application Granted — Contempt Found AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from non-compliance with orders in Civil Suit No. 623 of 2017
Decision
Respondents found in contempt of court orders and fined UGX 2,000,000

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the respondents were in contempt of court. The filing of an application for stay of execution and an appeal does not render a competent court order unenforceable. An order remains enforceable until rendered unenforceable by a court. Respondents were found in contempt and subjected to a fine of UGX 2,000,000.

Outcome

Respondents found in contempt of court orders and fined UGX 2,000,000

Facts

The applicants, as administrators of the estate of the late Hajji Ayub Kasali, were successful in Civil Suit No. 623 of 2017. The court ordered the respondents, as executors of the estate of the late Willie Patrick Ogule, to surrender the certificate of title for land comprised in Kyadondo Block 93 Plot 7 measuring 39.9 acres to the Registrar of Titles for rectification and subdivision into equal shares. The respondents failed to comply with the order. On 29 August 2024, the applicants' lawyers inquired about compliance, and the respondents' lawyers confirmed non-compliance, citing a pending appeal and application for stay of execution. The applicants brought this application seeking a finding of contempt.

Issues

  1. Whether the respondents committed contempt of court by failing to comply with orders issued in Civil Suit No. 623 of 2017.

Orders

  • The respondents are hereby found to be in contempt of orders issued by court vide Civil Suit No. 623 of 2016.
  • The respondents are subjected to a fine of UGX 2,000,000 for being in contempt of the order of court.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Contempt of Court — Effect of Pending Appeal and Stay Application
The filing of an application for stay of execution and an appeal against an order does not render a competent court order unenforceable. A court order remains enforceable until it is rendered unenforceable by a court of competent jurisdiction.
Civil Procedure — Contempt of Court — Elements to be Proved
To establish contempt of court, the following must be proved: existence of a lawful order; knowledge of the order by the potential contemnor; and failure to comply with or disobedience of the order.
Civil Procedure — Contempt of Court — Jurisdiction and Purpose
The power to punish for contempt of court is a special inherent jurisdiction in all courts for the protection of the public interest in the proper administration of justice.

Legislation cited (5)

Cases cited (6)

  • Ssempebwa and Ors vs AG (2019) EA
  • Uganda Super League v Attorney General (Constitutional Application No. 73 of 2013)
  • Andre Paul Terence Ambar v Attorney General of Trinidad and Tobago [1936] AC 322
  • Hadkinson vs Hadkinson (supra)
  • Church v Cremer (1 Coop Temp Cott 342)
  • Odoi Odome v Uganda Electricity Generation Company (Miscellaneous Application No. 1088 of 2022)

Full judgment

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

Nassolo_&_4_Others_v_Engola_&_5_Others_(Miscellaneous_Application_2470_of_2024)_[2025]_UGHCLD_28_(14_February_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.