Wakilii

Kato & Anor v Semwanga & Ors (Miscellaneous Application No. 761 of 2016)

High Court · [2016] UGHCEBD 18 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for consequential orders arising from execution proceedings following judgment in Civil Suit 56 of 2011
Decision
Consequential orders for demolition granted to applicants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where judgment declared respondents trespassers and ordered them to vacate land, warrant of vacant possession was executed putting applicants in possession, but respondents subsequently re-entered and reoccupied structures on the land, the court has inherent power under section 98 Civil Procedure Act to issue consequential orders for demolition to prevent abuse of court process and ensure effective execution of its decrees.

Outcome

Consequential orders for demolition granted to applicants

Facts

Applicants filed Civil Suit 56/2011 against respondents for recovery of land at Mutundwe, Kigaga Zone. Judgment was delivered on 25 February 2013 in favour of applicants, declaring respondents trespassers and ordering them to vacate or be evicted. Applicants applied for execution. Respondents filed Miscellaneous Application 397/2015 for stay of execution but withdrew it on 20 May 2015. Warrant to give vacant possession was issued and executed on 7 April 2015, putting applicants in possession. The bailiff returned the warrant as duly executed. Despite execution, some respondents re-entered the land and reoccupied structures on it. Applicants sought consequential orders for demolition.

Issues

  1. Whether this is a proper case for issuance of consequential orders for demolition of structures on the suit land.

Orders

  • Application allowed.
  • Consequential orders for demolition of any structures on the land at Mutundwe, Kigaga Zone issued against the Respondents, their agents, servants or any other person or entity deriving authority from them.
  • Costs of the application granted to the Applicants.

Rules and key headnotes

Inherent Powers of Court — Consequential Orders — Section 98 Civil Procedure Act
Under section 98 of the Civil Procedure Act, the court has inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of court, including consequential orders for demolition where a party re-occupies property after execution of a warrant for vacant possession.
Execution — Consequential Orders — Re-occupation After Execution
Where a decree for vacant possession has been executed and the successful party put in possession, but the judgment debtor subsequently re-enters and reoccupies the property in disregard of court orders, consequential orders for demolition of structures may properly be issued to give effect to the court's decree.

Legislation cited (2)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kato & Anor v Semwanga & Ors (Miscellaneous Application No. 761 of 2016) [2016] UGHCEBD 18 (28 June 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.