Wakilii

Rubadiri Shalita & Others v Mutungi & Another (Miscellaneous Application 17 of 2023)

High Court · [2023] UGHC 263 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court for continued disobedience of earlier court orders
Decision
Respondents found in continued contempt of court; ordered to comply with previous court orders or face committal to civil prison.

Observed later treatment

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Holding

The High Court held that the respondents were guilty of continued contempt of court by processing land titles over land they had been ordered to vacate in earlier proceedings. The court held that a party in contempt of court orders cannot be heard in further applications until they have purged themselves of the contempt. The respondents were ordered to comply with previous court orders and warned that failure would result in committal to civil prison. Four subsequent applications filed by the respondents after they were found in contempt were struck out.

Outcome

Respondents found in continued contempt of court; ordered to comply with previous court orders or face committal to civil prison.

Facts

The applicants sought orders finding the respondents in continued contempt of court orders. The respondents' predecessor Christopher Kajundira had been ordered in Chief Magistrate's Civil Appeal No. 76 of 1990 to vacate land at Omukyera Kanyoza Kikatsi Nyabushozi. That order was unsuccessfully challenged in subsequent applications and appeals. In 2022, the respondents forcefully re-occupied the land and were found in contempt by this court in Miscellaneous Application No. 172 of 2022 on 30 September 2022, which ordered them to vacate immediately or face civil prison and pay UGX 10,000,000 each as fines. Despite that finding, the respondents processed and obtained land titles over the same land on 20 September 2022, registering FRV MBR 1285 FOLIO 11 (Plot 43, Block 90 at Ekimomo) and FRV MBR 1285 FOLIO 10 (Plot 42, Block 90 at Ekimomo). The applicants brought this application alleging continued contempt.

Issues

  1. Whether the Respondents are guilty of continued contempt of court.
  2. Whether, if the Respondents were guilty of continued contempt, they had a right to be heard in other subsequent applications by the court.
  3. What remedies are available.

Orders

  • A declaration does issue that the Respondents acted in and or are in further contempt of court orders in processing and obtaining land titles over the suit land.
  • The Respondents are further ordered to comply with orders by this Court issued in Miscellaneous Application No. 172 of 2022 on 29th September 2022.
  • Should the Respondents fail to comply with this court's orders above the Applicants shall be entitled to file an application for Notice to Show cause why the Respondents should not be committed to civil prison.
  • The Applicants being the successful parties in this application are awarded the costs of the application.

Rules and key headnotes

Civil Procedure — Contempt of Court — Elements of Contempt
For an application of contempt of court to succeed, the applicant must show that there exists a lawful order, that the potential contemnor has knowledge of the order, and that the potential contemnor has wilfully failed to comply with the order.
Civil Procedure — Contempt of Court — Continued Contempt
Continued contempt of court as distinguished from one single and isolated act of contempt refers to situations where the acts of disrespect or disobedience towards a court or its orders continue over time. The applicant must prove that the act is sustained and ongoing, not just a one-time occurrence, and that the act involves multiple actions showing repeated disobedience.
Civil Procedure — Contempt of Court — Scope of Court's Jurisdiction
A court exercising contempt jurisdiction is only concerned with whether the earlier decision which has received its finality has been complied with or not. The contempt court cannot test the correctness of the order, give additional directions, or delete any direction as it would amount to exercising review jurisdiction which is impermissible and indefensible in such an application.
Civil Procedure — Contempt of Court — Duty to Obey Court Orders Regardless of Belief in Nullity
A party who knows of an order of court, regardless whether in their view the order is null or void, regular or irregular, cannot be permitted to disobey it by reason of what that party regards it to be. The order must be complied with in totality. If there are impediments to compliance, the party must bring this to the attention of court and show reasons why they cannot comply.
Civil Procedure — Contempt of Court — Right to Be Heard — Party in Contempt Cannot Be Heard
A party in contempt of court by disobeying existing court orders cannot be heard in a different, but related cause or motion unless and until such a person has purged himself or herself of the contempt.
Civil Procedure — Contempt of Court — Compliance with Court Orders — Defiance Not an Option
A court order is not a mere suggestion, opinion, or point of view. It is a directive that must be complied with. If one is dissatisfied with an order of the court, the avenues for challenging it are set out in the law. Defiance is not an option.

Legislation cited (6)

Cases cited (7)

  • Re Ivan Samuel Ssebadduka (Contempt Proceedings arising from Presidential Election Petition No. 1 of 2022)
  • Sitenda Sebalu v Secretary General of the East African Community (Reference No. 8 of 2012)
  • Nambi v Lwanga (Miscellaneous Application No. 213 of 2017)
  • Director of Education, Uttaranchal & Ors vs Ved Prakash Joshi & Ors Appeal (civil) 3713 of 2005 (Supreme Court of India)
  • Housing Finance Bank Limited v Edward Musisi (Court of Appeal Miscellaneous Application No. 158 of 2010)
  • Jingo Livingstone Mukasa v Hope Rwaguma (Court of Appeal Civil Appeal No. 190 of 2015)
  • Sarah Nabawanuka & 7 Others v Makerere University & 2 Others (High Court Miscellaneous Application No. 420 of 2019)

Full judgment

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

Rubadiri Shalita & Others v Mutungi & Another (Miscellaneous Application 17 of 2023) [2023] UGHC 263 (19 December 2023)
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.