[2020] UGHC 62

[2020] UGHC 62

The court found that although there was a lawful order in existence and the respondent was aware of it, the order as drafted was vague and did not clearly specify what the respondent was restrained from doing on the suit land. The court held that for contempt to be established, the order must be clear and...

Source-derived case information.

Citation
[2020] UGHC 62
Parties
Applicant: Ndegeye Joseph; Respondent: Anthony Kamuntu
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
8 July 2020
Case Number
Miscellaneous Application No. 41 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Outcome
application dismissed with costs
Judges
Gadenya, J
Legal Topics
Contempt of Court, Temporary Injunctions, Service of Process, Land Disputes
Source Language
english
Civil Procedure Land and Property Contempt of Court Temporary Injunctions Service of Process Land Disputes

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Summary, issues, holding and outcome

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Parties

Ndegeye Joseph

Applicant

Anthony Kamuntu

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Contempt Application

Legal Issues

  1. 1 Whether the Respondent is guilty of contempt of court.
  2. 2 What remedies are available to the parties?

Ratio Decidendi

The court found that although there was a lawful order in existence and the respondent was aware of it, the order as drafted was vague and did not clearly specify what the respondent was restrained from doing on the suit land. The court held that for contempt to be established, the order must be clear and unequivocal so as not to leave any doubt in the mind of the person to whom it is addressed. Since the order failed to meet this standard, it would be improper to cite the respondent for contempt. The application was therefore dismissed, but the court directed that a properly drafted and approved injunction be extracted and served on the respondent and the police, and that the respondent...

Court Disposition

application dismissed with costs

Orders

  • The applicant will extract a temporary injunction approved by the court and serve it on the respondent and the District Police Commander, Uganda Police Force.
  • The respondent will comply with the injunction without exception.