High Court of Uganda Dismisses Kabale Municipality’s Appeal of 150M Fine

Share With Your Friends

Save Article to Read Later
Close

No account yet? Register


Kabale High Court has dismissed with costs an application filed by Kabale Municipality seeking leave to appeal against the 150 Million Shillings fine to Kabale Central Market Traders Association.      

In December 2019, the High Court ruled that Kabale Municipality pays the money as a fine to Kabale Central Market Traders Association led by their Chairperson, Simon Mashemererwa over contempt of Court.

This is after the Municipality demolished the market on August 24, 2019, to pave way for the planned reconstruction of the market under the Markets and Agricultural Trade Improvement program [MATIP III].

————

Join the Exclusive LegalReports Whatsapp Channel. Click Here

————-

The Municipality ordered the traders to relocate to Kabale Police playground in Kigongi along Kabale-Mbarara Highway and Mwanjari Cemetery in Southern Division along the Kabale-Kisoro road.      

In their Application, the traders accused the Municipality of defying the extension of the interim court order restraining it and its agents from evicting and demolishing the market until when the main application will be heard.      

 

The main application had been filed by Kabale Central Market Traders Association in April 2019 seeking an interim injunction halting the registration exercise by the Municipality ahead of the planned market construction.

The traders argued that the registration was being carried out without the involvement of their leadership, and lacked the necessary information regarding the exercise, market designs for scrutiny, and Memorandum of Understanding.  


RECOMMENDED (This Article continues)


In a ruling, the then Kabale High Court Judge, Justice Moses Kawumi Kazibwe, found the Municipal authorities guilty of disobeying a lawful Court order.

He said the authorities used force and instructed law enforcement officers to pluck off iron sheets from lockups despite protests by the Applicants.        

Justice Kazibwe also ordered Kabale Municipality to pay 100 million Shillings to Kabale Central Market Traders Association as general damages as well as other costs of the suit.

Justice Kawumi also ordered Kabale Municipality to pay more than 50 Million Shillings as a sanction for contemptuous conduct.      

In a ruling issued on Thursday Kabale High Court Judge, Samuel Emokor says that Kabale municipality’s appeal lacks merit.

Mashemererwa expressed happiness saying that the matter was handled professionally by the Court.      

 Justine Barekye, Kabale Municipality town clerk when contacted declined to comment on the ruling saying that her office has not yet received a copy for analysis.  



Share With Your Friends

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Content is protected !!