Kerry Howard Mwesigwa.
KAMPALA, November 09, 2023 | The Court of Appeal has ordered the National Housing and Construction Company Limited (NHCC) to pay Shs100 million as general damages to a businesswoman whose access road to her property was blocked by the housing firm. The court also directed NHCC to open the access road or provide an alternative route to the businesswoman within 90 days, failing which the managing director and board chairman of NHCC would be arrested.
The businesswoman, Sarah Kemirembe, is the owner of six commercial apartments in Kiwatule, a suburb of Kampala. She sued NHCC in 2008 for blocking the only access road to her property during the construction of the Sunset Apartments adjacent to her land. The Nakawa Chief Magistrate’s Court granted her application and ordered NHCC to re-open the access road or provide an alternative access road to her property.
However, NHCC defied the court order and continued to block the access road, claiming that it was waiting for the authorization from the National Environment Authority (NEMA) to provide an alternative route. This prompted Kemirembe to file a contempt of court application against NHCC, accusing the housing firm of deliberately disobeying the court order and causing her economic and emotional losses.
The Court of Appeal, presided over by Justice Christopher Gashirabake, ruled in favor of Kemirembe and found NHCC guilty of contempt of court. The judge said that NHCC intentionally refused to comply with the court order and showed no respect for the rule of law. The judge also said that Kemirembe suffered significant damages as a result of NHCC’s actions, as she lost revenue from her commercial apartments for 13 years and faced difficulties in accessing her property.
The judge ordered NHCC to pay Shs100 million as general damages to Kemirembe, as well as the costs of the suit. The judge also ordered NHCC to provide access to Kemirembe by complying with the lower court order within 90 days of the ruling, which was delivered on October 27, 2023. The judge warned that if NHCC failed to comply with the order, the managing director and board chairman of NHCC would be arrested and detained until access was provided.
Justice has been served!