[2018] UGCA 254
The court, upon agreement of both parties and their advocates, ordered the respondent to leave out a 10-metre strip of land from the appellant's demolished wall fence and permitted construction only outside this area and between the respondent's two storeyed buildings. The order was made to preserve the status quo...
Source-derived case information.
- Citation
- [2018] UGCA 254
- Parties
- Appellant: Okello Geoffrey; Respondent: The Hospital Management Board; Lira Regional Referral Hospital
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No: 265 of 2016
- Procedural Posture
- Civil Appeal / Consent Order Pending Judgment
- Outcome
- consent_order_granted_pending_judgment
- Judges
- Kasule, JA
- Legal Topics
- Status Quo Orders, Suit Land Dispute, Construction Rights, Interim Injunction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okello Geoffrey
Appellant
The Hospital Management Board; Lira Regional Referral Hospital
Respondent
Procedural Posture
Civil Appeal / Consent Order Pending Judgment
Legal Issues
- 1 Whether the status quo of the suit land should be maintained pending judgment in Civil Appeal No. 265 of 2016.
- 2 Whether the respondent should be restrained from construction within a specified area of the suit land until final determination of the appeal.
Ratio Decidendi
The court, upon agreement of both parties and their advocates, ordered the respondent to leave out a 10-metre strip of land from the appellant's demolished wall fence and permitted construction only outside this area and between the respondent's two storeyed buildings. The order was made to preserve the status quo and prevent further disputes or irreparable harm pending the final judgment in Civil Appeal No. 265 of 2016. The order is to be implemented jointly by the parties and their advocates and remains in force until the appeal is determined.
Court Disposition
consent_order_granted_pending_judgment
Orders
- The respondent shall leave out 10 metres of land starting from the appellant's demolished wall fence.
- The respondent is authorised to continue construction only outside the 10-metre area and between its two storeyed buildings.
Full Case Text
Judgment text and source record
13 paragraphs
## THE REPUBLIC OF UGANDA THE COURT OF APPEAL OF UGANDA **HOLDEN AT KAMPALA** CIVIL APPEAL NO: 265 OF 2016 **BETWEEN**
٠.,
OKELLO GEOFFREY:::::::::::::::::::::::::::::::::::
$\mathbf{v}\mathbf{s}_\cdot$
## THE HOSPITAL MANAGEMENT BOARD; LIRA REGIONAL REFERRAL HOSPITAL::::::::::::RESPONDENT
## **CONSENT ORDER**
This matter is coming up for further direction as to the status quo of the suit land pending delivery of judgment in Civil Appeal No:265 of 2016, this 14<sup>th</sup> day of August 2018, before His Lordship, the **Hon. Justice R. Kasule** in the presence of all the parties.
## IT IS HEREBY AGREED BY COUNSEL FOR THE APPELLANT AND THAT FOR THE RESPONDENT AS WELL AS THE **REPRESENTATIVE** $OF$ THE THE **APPELLANT AND RESPONDENT, AND ORDERED AS FOLLOWS;**
- 1. The respondent shall leave out 10 metres of land starting from the appellant's wall fence demolished by the respondent on the $23/02/2018$ . - 2. The respondent is hereby authorised to continue with construction within the areas outside the 10 metres herein described above and between the 2 storeyed buildings belonging to the respondent. - 3. Parties are to meet on the suit land together with the respective advocates to implement the order; on Saturday the $18$ <sup>th</sup> day of August, 2018 at 10:00am. - 4. This order shall remain inforce until judgment in Civil **Appeal No:265 of 2016** is delivered.
Executed and signed at Kampala, Court of Appeal, this 14<sup>th</sup> day of August, 2018.
of. A. U.g. ust...................................
Okello Geoffrey-the Appellant. Justine Gumtwero- Counsel for the Appellant....... Paul Mulindwa-Senior Administrator-Lira Regional Referral Hospital........ $\cdots$ $\mathcal{M}$ Louis Odongo- Counsel for the Respondent... Given under my hand and seal of this court, this ... I. H. T.....day
JŬDGE/REG<del>IS</del>TRAR