Wakilii

Ndibalwanya v Kasajja & 4 Others (Miscellaneous Application 2053 of 2024)

High Court · [2024] UGHCLD 244 · 2024 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 alleged disobedience of temporary injunction order
Decision
3rd to 5th respondents found in contempt and fined; 1st and 2nd respondents not found in contempt

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the 3rd to 5th respondents were found in contempt of a temporary injunction order issued in Miscellaneous Application No. 1153 of 2019. The court established the three required elements for contempt: existence of a lawful order, knowledge of that order, and failure to comply. The respondents were found to have continued construction and sale of kibanja interests on the suit land in defiance of the injunction. The 1st and 2nd respondents were not found in contempt as they were added to the suit after the injunction order was granted.

Outcome

3rd to 5th respondents found in contempt and fined; 1st and 2nd respondents not found in contempt

Facts

The applicant and another party had instituted Civil Suit No. 508 of 2017 against the respondents for trespass. A temporary injunction was granted in Miscellaneous Application No. 1153 of 2019 on 11 March 2021 to maintain the status quo on the suit land. The injunction order was delivered in the presence of the 3rd to 5th respondents and their counsel. Despite this order, the respondents allegedly proceeded to sell parts of the suit land to third parties and engaged in construction activities. The 1st and 2nd respondents were added as defendants to the main suit on 4 April 2024, after the temporary injunction had been granted. The applicant brought this application seeking to have the respondents found in contempt and punished by fine and imprisonment.

Issues

  1. Whether the respondents are in contempt of the temporary injunction order.
  2. What remedies are available to the parties.

Orders

  • The 3rd to 5th respondents are hereby compelled to obey the temporary injunction order vide Misc. Application No. 1153 of 2019.
  • The 3rd to 5th respondents shall pay a fine of UGX 1,000,000 (one million Ugandan shillings only) for being in contempt of the court order.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements Required
Before any action can be found to amount to contempt of court, three principles must be established: existence of a lawful order, potential contemnor's knowledge of the order, and potential contemnor's failure to comply with or disobedience of the order.
Civil Procedure — Contempt of Court — Knowledge of Order
A party who knows of an order, whether null or valid, regular or irregular, cannot be permitted to disobey it as long as it exists. Delivery of an order in the presence of a party and their counsel constitutes sufficient knowledge for purposes of contempt proceedings.
Civil Procedure — Contempt of Court — Temporal Scope of Injunction Order
Where parties are added as defendants to a suit after a temporary injunction order has been granted, they cannot be found in contempt of that order as they had no knowledge of it at the time of its issuance and were not bound by it.
Civil Procedure — Contempt of Court — Particularity Required
An applicant seeking a contempt order must state exactly what the alleged contemnor has done or omitted to do which constitutes contempt of court with sufficient particularity to enable the respondent to meet the accusation.

Legislation cited (9)

Cases cited (5)

  • 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
  • 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.

Ndibalwanya_v_Kasajja_&_4_Others_(Miscellaneous_Application_2053_of_2024)_[2024]_UGHCLD_244_(1_November_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.