[2017] UGHCCD 18

[2017] UGHCCD 18

The Registrar's jurisdiction under Order 50 of The Civil Procedure Rules is auxiliary and limited to matters expressly prescribed therein, and does not extend to substantive contempt of court proceedings initiated by a private litigant for acts not committed in the face of the court. The Registrar's exercise of...

Source-derived case information.

Citation
[2017] UGHCCD 18
Parties
Applicant: Florence Dawaru; Respondent: Angumale Albino; Respondent: Samuel Ondoma
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
29 March 2017
Case Number
MISCELLANEOUS CIVIL APPLICATION No. 0096 OF 2016
Procedural Posture
Miscellaneous Application / Review of Registrar's Order
Outcome
application allowed
Judges
Stephen Mubiru, J
Legal Topics
Review of Registrar Orders, Contempt of Court, Jurisdiction of Registrar, Vacant Possession, Award of Costs
Source Language
english
Civil Procedure Land and Property Review of Registrar Orders Contempt of Court Jurisdiction of Registrar Vacant Possession Award of Costs

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Summary, issues, holding and outcome

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Parties

Florence Dawaru

Applicant

Angumale Albino

Respondent

Samuel Ondoma

Respondent

Procedural Posture

Miscellaneous Application / Review of Registrar's Order

Legal Issues

  1. 1 Whether the Registrar had jurisdiction to hear and determine an application for contempt of court not committed in the face of the court.
  2. 2 Whether the Registrar's award of costs was lawful and valid.
  3. 3 Whether there was an error apparent on the face of the record warranting review of the Registrar's decision.

Ratio Decidendi

The Registrar's jurisdiction under Order 50 of The Civil Procedure Rules is auxiliary and limited to matters expressly prescribed therein, and does not extend to substantive contempt of court proceedings initiated by a private litigant for acts not committed in the face of the court. The Registrar's exercise of jurisdiction over such proceedings was an error apparent on the face of the record, as he lacked the requisite authority to determine the application for contempt. Consequently, the award of costs arising from the Registrar's decision was also erroneous and must be set aside. The High Court, exercising its review powers under Order 46, is empowered to correct such errors and set...

Court Disposition

application allowed

Orders

  • The order dismissing the application for contempt of court is set aside.
  • The award of costs by the Registrar is set aside.