Wakilii

Ssemambo & Another v Lukwago & 3 Others (MISCELLANEOUS APPLICATION NO. 697 OF 2019)

High Court · [2019] UGHCCD 246 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from non-compliance with consent order in earlier miscellaneous application
Decision
Application granted with fines, damages, permanent injunction, and order directing rectification of land title

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that all four Respondents were in contempt of the consent order of 20 November 2018 by destroying property, ejecting the Applicants' assignee, mortgaging the property, and transferring title despite the consent judgment relinquishing all interests. Each Respondent ordered to pay a fine of UGX 50,000,000 or face six months' civil imprisonment. Damages of UGX 120,000,000 awarded jointly and severally. Permanent injunction issued maintaining Applicants in possession. Commissioner Land Registration directed to cancel second Respondent's name from title and transfer to Applicants.

Outcome

Application granted with fines, damages, permanent injunction, and order directing rectification of land title

Facts

The Applicants and first Respondent entered a consent order on 20 November 2018 in Miscellaneous Application 569 of 2018, settling disputes arising from Civil Suit 18 of 2017. The first Respondent agreed to transfer all interests in Kyadondo Block 184, Plot 2006 to the Applicants and give them immediate quiet possession. The Applicants took possession and made improvements. The first Respondent subsequently refused to transfer his interests, mortgaged the property, and transferred it to the second Respondent who registered it in his name. On 11 October 2019, the second, third and fourth Respondents, accompanied by police and others, raided the property, broke its wall, evicted the Applicants' assignee, and occupied it. The third Respondent is a police officer (ASP) who deployed police personnel to facilitate the eviction.

Issues

  1. Whether the Respondents are in contempt of the court order issued on 20th November 2018.
  2. What remedies are available to the Applicants.

Orders

  • The first, second, third and fourth Respondents were in contempt of this court's orders of 20th November 2018.
  • Each of the Respondents shall pay a fine of UGX 50,000,000 or be committed to civil prison immediately for 6 months.
  • The Respondents shall jointly and/or severally pay damages of UGX 120,000,000 to the Applicants.
  • An injunction is issued maintaining the Applicants or their assignees on the suit property, permanently restraining any of the Respondents or their assignees from any interference.
  • The Commissioner Land Registration is directed to cancel the second Respondent or any other person from the land title and transfer the same to the Applicants or an assignee of their choice.
  • Costs awarded to the Applicants.

Rules and key headnotes

Contempt of Court — Elements of Contempt — Burden of Proof
To prove contempt of court, an applicant must establish three elements: the existence of a lawful order, the potential contemnor's knowledge of the order, and the potential contemnor's failure to comply with or disobedience of the order.
Contempt of Court — Duty to Comply with Court Orders — No Self-Help
A party who knows of a court order, regardless of whether that party regards the order as null, valid, regular or irregular, cannot be permitted to disobey it. The order must be complied with in all circumstances subject to the party's right to challenge the order by way of revision, review or appeal. It is not open to a party to choose whether or not to comply with a court order.
Land Transactions — Effect of Consent Order — Power to Deal with Land After Consent Judgment
Where a party consents in a court order to relinquish all interests in property and hand it over to another party in full and final settlement, that party has no power thereafter to mortgage or transfer the property. Any subsequent transfer or mortgage is an act of contempt of the consent order.
Contempt of Court — Remedies — Fines and Imprisonment
Where contempt of a court order is established, the court may impose a fine on each contemnor or, in default of payment, commit the contemnor to civil prison for a specified period.
Contempt of Court — Remedies — Compensatory Damages and Injunctions
In addition to fines and imprisonment, the court may award compensatory damages for inconvenience caused by contemptuous conduct and issue permanent injunctions to halt continuing contemptuous acts and restore the party entitled to possession.
Land Registration — Rectification of Register — Contemptuous Transfers
Where a person registers title to land in contravention of a consent order transferring all interests to another party, the court may direct the Commissioner Land Registration to cancel the registration and transfer the title to the party entitled under the consent order.

Legislation cited (9)

Cases cited (3)

  • Housing Finance Bank Ltd & Anor v Edward Musisi (Miscellaneous Application No. 158 of 2010)
  • Megha Industries (U) Ltd v Comform Uganda Limited (HCMC No. 21 of 2014)
  • CHUK CREMET (1 Corp Jemp 342)

Full judgment

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

Ssemambo & Another v Lukwago & 3 Others (MISCELLANEOUS APPLICATION NO. 697 OF 2019) [2019] UGHCCD 246 (30 October 2019)
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.