Wakilii

Yasin Omar v Kampala Capital City Authority and Others (Miscellaneous Application No. 832 of 2017)

High Court · [2018] UGHCCD 222 · 2018 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for contempt of court arising from Miscellaneous Cause No. 12 of 2017
Decision
2nd respondent found in contempt and ordered to pay fine and costs; 1st and 3rd respondents not found in contempt

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the 2nd respondent (Town Clerk) was in contempt of court for refusing to recognise the applicant's position as Chairperson of Bukasa Ward Council despite a lawful court order. The court found that the order was served, the 2nd respondent had knowledge of it, was able to comply, but deliberately failed to do so. The 1st and 3rd respondents were not found in contempt. The 2nd respondent was ordered to pay a fine of UGX 20,000,000 within 90 days and the costs of the proceedings.

Outcome

2nd respondent found in contempt and ordered to pay fine and costs; 1st and 3rd respondents not found in contempt

Facts

The applicant was appointed Chairperson of Bukasa Ward Council on 3 September 2011 after the Council removed the former chairperson for failing to account for public funds. The Acting Resident District Commissioner attempted to remove the applicant and reinstate the former chairperson. The applicant obtained interim orders and on 17 August 2017, the High Court quashed the Commissioner's decision and confirmed the applicant's position. The applicant extracted and served the order on various offices including the 2nd respondent (Town Clerk). Despite this, the 2nd respondent wrote to the 3rd respondent (Housing Finance Bank) on 30 October 2017 stating that the applicant was not duly elected and instructing the bank not to recognise him. The 3rd respondent froze the bank account. The applicant filed this contempt application on 22 November 2017.

Issues

  1. Whether the respondents are in contempt of the court order dated 17th August 2017.
  2. Whether the applicant is entitled to the remedies sought in the application.

Orders

  • The 2nd respondent, Godfrey B. Kisekka, is in contempt of the court order dated 17th August 2017.
  • The 1st respondent is not in contempt of the court order.
  • The 3rd respondent is not in contempt of the court order.
  • A fine of UGX 20,000,000 for contempt of court shall be paid by the 2nd respondent and deposited in court within 90 days of the date of this order.
  • The costs of these proceedings shall be borne by the 2nd respondent to the applicant.

Rules and key headnotes

Contempt of Court — Elements to be proved
For an application for contempt to succeed, four elements must be proved: (a) the existence of a lawful order; (b) the potential contemnor's knowledge of the order; (c) the potential contemnor's ability to comply; and (d) the potential contemnor's failure to comply.
Contempt of Court — Binding effect of court orders in personam on third parties
A court order in personam concerning a public office binds third parties who must recognise the office holder determined by the court, and such a judgment is in rem to that extent.
Contempt of Court — Duty to obey court orders even if believed to be erroneous
A party bound by a court order must obey and comply with it even if the order is believed to be hopeless, erroneous, or illegal. The proper procedure for challenging an order is by appeal or application for review, not by unilateral refusal to comply.
Contempt of Court — Purpose of contempt power
The primary purpose of contempt power is to preserve the effectiveness and sustenance of the power of the courts. Contemnors undermine the authority and dignity of courts and must be dealt with firmly so that the court's authority is not brought into disrepute.
Local Government — Duty of administrative officers to comply with court orders
Administrative officers such as Town Clerks must recognise and comply with court orders determining the lawful holder of a public office, and cannot refuse compliance on grounds that they believe the appointment was illegal where no appeal has been filed.

Legislation cited (3)

Cases cited (3)

  • Megha Industries (U) Ltd v Comform Uganda Limited (HCMC No. 21 of 2014)
  • Stanbic Bank & Jacobsen Power Plant Ltd vs Uganda Revenue Authority
  • People vs Kurz 35 Mich App 643,656( 1971)

Full judgment

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

Yasin Omar v Kampala Capital City Authority and Others (Miscellaneous Application No. 832 of 2017) [2018] UGHCCD 222 (9 July 2018)
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.