News
Court fines woman sh20m for defying order over disputed land
Justice Farouq Lubega ordered Night Joyce Lalam to pay the fine within 60 days, failure of which she will serve a suspended six-month jail sentence.
Court fines woman sh20m for defying order over disputed land
By: Barbra Kabahumuza, Journalist @New Vision
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The High Court sitting in Mbale has fined a woman sh20m for disobeying a court order restraining her from carrying out any construction or development on disputed land.
Justice Farouq Lubega ordered Night Joyce Lalam to pay the fine within 60 days, failure of which she will serve a suspended six-month jail sentence.
The judge also ordered that the sentence would take effect if Lalam continued disobeying the court order issued on June 28, 2024, and endorsed on July 12, 2024.
The case arose from a dispute involving land comprised in FRV Mbale Folio 8, Plot 54, Mvule Municipality, Nabumali Lane, measuring approximately 0.149 hectares.
Paul Isabirye applied for Lalam to be found in contempt of court after allegedly commencing construction on the disputed land despite a temporary injunction requiring the parties to maintain the status quo pending determination of the main suit.
Isabirye told court that the injunction was issued in the presence of Lalam and her lawyer, making her aware of the order.
Lalam denied deliberately disobeying the order, saying the developments were undertaken after inspections by Mbale City Council officials, who recommended improvements at the school operating on the disputed land.
She told court that inspectors had recommended improvements to the school compound, construction of a retaining wall to control erosion and flooding, extension of steps and provision of a ramp for learners with disabilities.
Isabirye told court that the injunction was issued in the presence of Lalam and her lawyer, making her aware of the order.
Lalam denied deliberately disobeying the order, saying the developments were undertaken after inspections by Mbale City Council officials, who recommended improvements at the school operating on the disputed land.
She told court that inspectors had recommended improvements to the school compound, construction of a retaining wall to control erosion and flooding, extension of steps and provision of a ramp for learners with disabilities.
However, Justice Lubega ruled that the recommendations did not permit Lalam to alter the status quo of the disputed property.
The judge noted that the school had been operating from the existing structures for a long time and that Joyce had opportunities to consult her lawyers on the steps to take after the inspections.
Justice Lubega said a court order remains valid until it is discharged or stayed by a competent court and must be obeyed regardless of whether a party considers it irregular.
The court found that Joyce knew about the order and was able to comply with it but instead proceeded with construction.
The judge therefore found her in contempt of the lawful court order.
The court also awarded costs of the application to Isabirye.
The judge noted that the school had been operating from the existing structures for a long time and that Joyce had opportunities to consult her lawyers on the steps to take after the inspections.
Justice Lubega said a court order remains valid until it is discharged or stayed by a competent court and must be obeyed regardless of whether a party considers it irregular.
The court found that Joyce knew about the order and was able to comply with it but instead proceeded with construction.
The judge therefore found her in contempt of the lawful court order.
The court also awarded costs of the application to Isabirye.