National Housing Sanctioned in Access Road Case
In a significant legal development, the Court of Appeal has issued a verdict against the National Housing and Construction Company, mandating them to pay a compensation of sh100 million to Sarah Kemirembe, the owner of Sunset Apartments. This ruling comes after a protracted legal battle that revolves around the alleged blockage of access roads leading to Kemirembe’s commercial properties.
Background of the Dispute
The origin of this dispute dates back to 2008 when Sarah Kemirembe took legal action against National Housing, accusing them of obstructing access roads to her commercial apartments located in Kiwatule, Kampala. The Nakawa Chief Magistrate’s Court, responding to her plea, issued an order directing National Housing to open the access roads, ensuring unimpeded entry to her properties.
National Housing, however, refused to comply with the court’s directive, setting off a series of legal proceedings that ultimately led to Kemirembe seeking a contempt of court charge against the company. Contempt of court, in the eyes of the law, involves actions that undermine the integrity of the court or hinder the administration of justice.
Court’s Verdict
Justice Christopher Gashirabake, in a pivotal decision made on October 27, 2023, ordered National Housing to unblock the access roads as originally mandated by the lower court. Furthermore, the court ruled that Kemirembe is entitled to compensation for the troubles she has endured throughout this legal ordeal.
As per Justice Gashirabake’s order, “The respondent is directed to provide access to the applicant by complying with the lower court’s order within 90 days of this ruling (October 23, 2023). Failure to comply with this order and keeping in contempt with court orders, the managing director and board chairman of the respondent are hereby ordered for arrest until access is provided.”
Additionally, the court found National Housing and Construction liable for both general damages and special damages incurred by Kemirembe. Justice Gashirabake remarked, “Due to the inordinate delay, the applicant suffered significant economic and emotional pain. I ordered general damages of sh100 million.”
