The Chairperson NRM Women's League Lydia Wanyoto Mutende is in jubilation after beating her Young brother Paul Mugoya Wanyoto and her sister Harriet Wanyoto.
The two had filed a contempt of court case against their Big Sister accusing her of defying court orders and unlawfully accessing and developing Plot 4213 Block 3 Lumumba Village.
The three are all children of Jacob Gudoi Wanyoto who was their father but passed away and Left behind property in which they are all administrators.
However, the two Paul Mugoya Wanyoto and Harriet Wanyoto ran to court accusing their Big Sister continuing with disputed activities like Tree cutting, garden Destruction, ground setting and closure of Burial Grounds on the suit land which they referred to as contempt of court following the status Quo issued on the 16th of September 2022 in Miscellaneous Application No. 368 of 2022 in which court maintained that the three are all administrators of the Estate.
The applicants urged that Lydia Wanyoto cannot be heard in Civil Suit No.14 of 2022.
They demanded that Hon. Lydia Wanyoto Mutende pays 100m shillings for deliberately Disobeying Court Order Issued in Miscellaneous Application No.368 of 2022 and that she pays the costs of the application.
They Further told court that the accused engaged in Grading, Tree cutting, planting flowers which is contempt of Court as per the Issued Court Order on 16th Sept 2022.
Harriet Wanyoto also accused Hon. Lydia Wanyoto Mutende for deploying Builders, Body guards, Goons who restricted her and other beneficiaries from the Estate.
In Her response through her legal team, Lydia noted that despite obtaining letters of administration, the Applicants (Paul Mugoya Wanyoto and Harriet Wanyoto) mismanaged and abused the mandate over the apportioning property constituting the Estate to themselves and that Paul Mugoya assigned himself a bigger portion of the property comprised under freehold Reg. Vol MBA 32 Folio 8 upon which he established a permanent residence.
She further contended that Paul Mugoya and Harriet Assigned themselves 9 property upon which they established a Citrus farm, Storage Structures and Residential Units to the exclusion of Other Beneficiaries.
She told court that she is 'A Trespasser upon the suit land and property since she is entitled to benefit from and access the Property of her late father Jacob Gudoi Wanyoto.
She further told court that she neither contempt nor violated any orders issued by court and denied having Destroyed any property or denied access to the land.
She prayed that the application be Dismissed in the interest of Justice.
After thorough presentation as Hon. Paul Mugoya Wanyoto and Harriet Wanyoto were represented by Mr. Jude Byamukama of J.Byamukama & Co. Advo together with Mr. Isaac Nabende while Hon. Lydia Wanyoto was represented by Komakech Godfrey together with Eddy Nangulu of Nangulu & Mugoda advocates.
The Judge in the matter Justice Margaret Piny made her ruling on 19th April 2023 as follows;
" *For the reasons above and basis of the above authority, I find the impugned order ambiguous, general and lacking clarity to hold the respondent (Lydia Wanyoto) in contempt of the same. I accordingly Dismiss this Application* ."
She further adds that, *"This Court In my View must be seen to reconcile the parties rather than setting them against each other in the pursuit of costs awarded."* she added.
" *In view of the above, I make no order as to costs given to parties are not only Administrators of the Estate, But are siblings who are litigating other family Property. I so Order.* "
Story by: Ozil
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