Okello Geoffrey v Hospital Management Board Lira Regional Referral Hospital (Civil Appeal No 265 of 2016)
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Holding
This is a consent order, not a substantive judgment. The parties, through counsel and in the presence of the court, agreed on interim arrangements regarding the suit land pending delivery of judgment in Civil Appeal No. 265 of 2016. The court recorded and ordered that the respondent leave out 10 metres of land from the appellant's demolished wall fence, while permitting continued construction outside that strip, with the order to remain in force until the appeal judgment is delivered. No legal principles were determined.
Facts
The matter concerns a dispute over suit land between the appellant, Okello Geoffrey, and the respondent, the Hospital Management Board of Lira Regional Referral Hospital. The respondent had demolished the appellant's wall fence on 23 February 2018. With Civil Appeal No. 265 of 2016 pending judgment, the parties came before the Court of Appeal for further direction as to the status quo of the suit land. By consent of counsel and the parties, an interim arrangement was agreed regarding a 10-metre strip of land and continued construction by the respondent outside that area.
Orders
- The respondent shall leave out 10 metres of land starting from the appellant's wall fence demolished by the respondent on 23/02/2018.
- The respondent is authorised to continue with construction within the areas outside the 10 metres described and between the two storeyed buildings belonging to the respondent.
- Parties are to meet on the suit land together with their respective advocates to implement the order on Saturday 18 August 2018 at 10:00am.
- This order shall remain in force until judgment in Civil Appeal No. 265 of 2016 is delivered.