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Okello Geoffrey v Hospital Management Board Lira Regional Referral Hospital (Civil Appeal No: 265 of 2016) [2018] UGCA 254 (14 August 2018)
- Citation
- [2018] UGCA 254
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Kasule, JA
- Case number
- Civil Appeal No: 265 of 2016
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Kasule, JA
- Case number
- Civil Appeal No: 265 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
- Parties and their advocates shall meet on the suit land to implement the order on 18th August 2018 at 10:00am.
- This order shall remain in force until judgment in Civil Appeal No. 265 of 2016 is delivered.
02
Material facts
Parties
Okello Geoffrey
Appellant Counsel: Justine GumtweroThe Hospital Management Board; Lira Regional Referral Hospital
Respondent Counsel: Louis Odongo03
Procedural history
Posture
Civil Appeal / Consent Order Pending Judgment
04
Questions and positions
Legal issues
- 01
Whether the status quo of the suit land should be maintained pending judgment in Civil Appeal No. 265 of 2016.
- 02
Whether the respondent should be restrained from construction within a specified area of the suit land until final determination of the appeal.
Party arguments
- Applicant
- The appellant sought to preserve the status quo of the suit land, requesting that the respondent be restrained from further construction within a specified area pending the outcome of the appeal, to prevent irreparable harm and maintain the appellant's interests.
- Respondent
- The respondent agreed to leave out a 10-metre area from the appellant's demolished wall fence but sought permission to continue construction outside the specified area and between its existing buildings, pending judgment.
05
Court’s reasoning
Legal principles
- 01
Court practice in interim orders and injunctions.
Preservation of the status quo pending determination of the substantive dispute.
- 02
Civil Procedure Act, Section 98.
Consent orders are binding on parties and remain in force until varied or set aside by the court.
06
Ratio, limits and disposition
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.
Obiter and limits
- The cooperation of both parties in reaching a consent order is commended and serves the interests of justice.
- Implementation of the order by both parties and their advocates on site will ensure clarity and prevent future misunderstandings.
Court disposition
consent_order_granted_pending_judgment
- 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.
- Parties and their advocates shall meet on the suit land to implement the order on 18th August 2018 at 10:00am.
- This order shall remain in force until judgment in Civil Appeal No. 265 of 2016 is delivered.
Source and reliance status
Court of Appeal of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal of Uganda
Judgment
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
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