Africa-Press – Uganda. Court has ordered National Housing and Construction Company Limited (NHCC) to pay Shs100 million as general damages for contempt of a court order.
Court of Appeal Judge Christopher Gashirabake ruled that NHCC intentionally refused to open an access road for businesswoman Sarah Kemirembe as directed by the court.
“The Respondent is directed to provide access to the applicant by complying with the lower court order within 90 days of this ruling. Failure to comply with this order and keeping in contempt with court orders, the managing director and board chairman of the respondent do hereby order their arrest until access is provided,” Justice Gashirabake ordered.
The judge’s decision followed a complaint against NHCC for defying a court order to re-open an access road that was being used by Ms Kemirembe to access her property or provide an alternative to enable her to use the public road.
According to the court documents, Ms Kemirembe’s property comprises six fully-developed commercial apartments for which she lost revenue for 13 years due to NHCC’s violation of the court order.
It is stated that in 2008, NHCC constructed the Sunset Apartments adjacent to Ms Kemirembe’s housing estate and that the housing firm was sued for blocking an access road and an order was issued to direct for re-opening the access road to enable her access the suit property.
Court documents indicate that NHCC is aware of the court order which was never implemented but showed that it was making an effort to provide Ms Kemirembe with an alternative route where it was waiting for the requisite authorization from the National Environment Authority (NEMA).
Background
Court documents show that Ms Kemirembe is the registered proprietor of land comprising six commercial houses and other commercial apartments under construction at Block 22O,plots 526 and 1381.
In 2OO8, Ms Kemirembe sued NHCC before the court at Nakawa seeking orders that the housing construction firm re-opens an access road it blocked during the construction of the Apartments or provide an alternative motor access to the suit property.
“The court granted the application and ordered the Respondent (NHCC) to re-open the access road that was previously being used to access the suit property or to provide an alternative access road,” the court heard.
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