[2023] UGHCCD 146

[2023] UGHCCD 146

The court found that the Respondent was aware of the temporary injunction issued on 18th August 2020, which restrained him from making further developments on the suit land. Evidence, including photographs and admissions by the Respondent, established that new structures—a grass thatched structure and a moveable bar—were constructed in 2022 after the order. The Respondent also admitted to replacing an iron sheet fence and planting trees. The court determined that these actions constituted a change in the status quo and amounted to willful disobedience of the court order. The preliminary objection regarding service was overruled, as the court found the application was properly filed and...

Citation
[2023] UGHCCD 146
Parties
Applicant: National Water and Sewerage Corporation; Respondent: Okecho Don William
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
7 March 2023
Case Number
Miscellaneous Application 200 of 2021
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application granted in part; Respondent found in contempt of court.
Judges
Bukirwa, J
Legal Topics
Contempt of Court, Temporary Injunction, Service of Process, Remedies for Contempt
Source Language
English
Civil Procedure Land and Property Contempt of Court Temporary Injunction Service of Process Remedies for Contempt

Case Brief

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Parties

National Water and Sewerage Corporation

Applicant

Okecho Don William

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the Respondent was in contempt of court orders issued in Misc. Application No. 131 of 2020.
  2. 2 What remedies are available to the parties in light of the alleged contempt.

Ratio Decidendi

The court found that the Respondent was aware of the temporary injunction issued on 18th August 2020, which restrained him from making further developments on the suit land. Evidence, including photographs and admissions by the Respondent, established that new structures—a grass thatched structure and a moveable bar—were constructed in 2022 after the order. The Respondent also admitted to replacing an iron sheet fence and planting trees. The court determined that these actions constituted a change in the status quo and amounted to willful disobedience of the court order. The preliminary objection regarding service was overruled, as the court found the application was properly filed and...

Court Disposition

Application granted in part; Respondent found in contempt of court.

Orders

  • Respondent is ordered to demolish all structures, permanent or temporary, erected after the court order.
  • Respondent must remove all trees planted and bricks ferried to the suit land after the injunction.