THE REPUBLIC vs. DAVID KOBIA EXPARTE: ALVARO QUAO

“A party who knows of an order, regardless of whether, in view of that party, the order is null or valid, regular or irregular cannot be permitted to disobey it by reason of what that party regards the order to be. It is not for that party to choose whether or not to comply with such order. The order must be complied with in totality, in all circumstances by the party concerned subject to the party’s right to challenge the order in issue……. It is the responsibility of and duty of the party concerned, in case that party for some genuine reason finds compliance with the court order not possible, to appropriately move court issuing the order and bring to the attention of the court the reasons for non compliance.” -This is the rationale for contempt proceedings as stated in the Ugandan case of Housing Finance Bank Ltd & Another vs. Edward Musisi Miscellenous Application 158/2010 CA the Canadian case of Hébert v. Procureur général de la Province de Québec, [1966] B.R. 197,...