Uganda Case Law

Njumba v Attorney General of the Republic of Uganda

Njumba v Attorney General of the Republic of Uganda (Reference No.22 of 2020) [2025] EACJ 4 (7 March 2025) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.22 of 2020

Judge

Kasanda J, Masara PJ, Muhumuza J, Wejuli DPJ

The Court found that the Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty for the Establishment of the East African Community. The cause of action arose in 2016 when the lease agreement for the disputed land was executed and the alleged violations commenced. The Applicant had knowledge of the relevant facts well before July 2020, as evidenced by prior Ugandan court proceedings and correspondence. The Court rejected the Applicant's argument that the time should run from receipt of NEMA's letter, holding that the limitation period begins when…

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• Environmental Impact Assessment
• Forest Conservation
• Jurisdiction Ratione Temporis
• Community Treaty Compliance

Execellent Assorted Manufacturers Limted v National Environment Management Authority

Execellent Assorted Manufacturers Limted v National Environment Management Authority (Miscellaneous Application 666 of 2024) [2025] UGHCCD 7 (16 January 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 666 of 2024

Judge

Boniface Wamala, J

The High Court granted a temporary injunction preserving the status quo over a wetland-related environmental restoration order pending judicial review.

• Temporary Injunction
• Environmental Restoration Order
• Judicial Review
• Property Rights
• Wetland Protection
• Temporary-injunction

Kyomuhendo and Another v Attorney General of the Republic of Uganda

Kyomuhendo and Another v Attorney General of the Republic of Uganda (Reference No.16 of 2020) [2024] EACJ 8 (10 October 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.16 of 2020

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyawello DPJ, Rene J

The Court found that the Reference was fatally defective because it was supported by an affidavit deponed by the 1st Applicant on behalf of the 2nd Applicant without any resolution or documentation demonstrating authority as required by Rule 19(5) of the Rules. The absence of such authority rendered the affidavit invalid. Furthermore, Rule 25(3) mandates that a Reference challenging the legality of an act must be accompanied by a valid affidavit. The Court had previously struck out a similar affidavit in Application No. 16 of 2020 for the same defect. The Court held that affidavits are eviden…

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• Locus Standi
• Affidavit Requirements
• Environmental Protection
• Indigenous Rights
• Natural Heritage Sites
• Compensation Claims

Atwijukye and 41 Others v Isingiro Town Council and Another

Atwijukye and 41 Others v Isingiro Town Council and Another (Miscellaneous Cause 27 of 2021) [2024] UGHC 702 (26 July 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 27 of 2021

Judge

Allan Nshimye, J

The High Court dismissed a judicial review application over flooding caused by blocked culverts, finding it out of time, unsupported by evidence, and not exhausting NEMA remedies.

• Judicial Review
• Public Body Decisions
• Environmental Management
• Procedural Timeliness
• Exhaustion Of Remedies
• Judicial-review

Muzaale v National Environment Management Authority

Muzaale v National Environment Management Authority (Miscellaneous Application 103 of 2024) [2024] UGHCCD 81 (17 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 103 of 2024

Judge

Musa Ssekaana, J

The High Court granted a temporary injunction preserving the status quo over disputed land, restraining NEMA from enforcing stop and restoration orders pending judicial review.

• Temporary Injunctions
• Judicial Review
• Environmental Restoration Orders
• Stop Orders
• Land Ownership Disputes
• Procedural Fairness

African Institute Of Energy Governance (AFRIEGO) v Attorney General (Consitutional Petition 15 of 2020)

African Institute Of Energy Governance (AFRIEGO) v Attorney General (Consitutional Petition 15 of 2020) [2024] UGCC 30 (9 May 2024)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition 15 of 2020

Judge

Mulyagonja, JCC, Buteera, JCC, Kibeedi Mutangula, JCC, Bamugemereire, JCC, Kihika, JA /JCC

The Constitutional Court dismissed AFIEGO’s petition, holding that the National Environment Act’s pollution-control licensing and assessment provisions are constitutional and do not authorize pollution.

• Right To Clean Environment
• Statutory Interpretation
• Pollution Control Licensing
• Environmental Impact Assessment
• Sustainable Development
• Constitutional-law

Cholong v Attorney General of the Republic of South Sudan (Application No.20 of 2022)

Cholong v Attorney General of the Republic of South Sudan (Application No.20 of 2022) [2024] EACJ 3 (26 March 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.20 of 2022

Judge

Kasanda J, Muhumuza J, Nyachae J, Nyawello DPJ, Wejuli J

The Court determined that the relevant date for the computation of the two-month limitation period under Article 30(2) of the EAC Treaty was the signing of the Memorandum of Understanding between the Republic of South Sudan and the Arab Republic of Egypt in July 2021, which constituted the decisive action complained of. The subsequent arrival of dredging equipment was merely a component of the implementation of that agreement and did not constitute a separate actionable event for limitation purposes. The Reference, having been filed on 10th June 2022, was therefore out of time. The Court reaf…

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• Jurisdiction Ratione Temporis
• Treaty Interpretation
• Environmental Impact Assessment
• Public Participation
• International Cooperation

Okwenje v Monday

Okwenje v Monday (Miscellaneous Application 3608 of 2023) [2024] UGHCLD 61 (7 March 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 3608 of 2023

Judge

Bernard Namanya, J

The court found that the applicant, though not a party to the original suit, suffered a legal grievance because the judgment in H.C.C.S No.2904 of 2016 vested ownership of protected lake shore land in the respondent, contrary to constitutional and statutory provisions. The disputed land, being within 100 meters of Lake Victoria, is classified as a protected lake shore and is held in trust by Entebbe Municipal Council for the public. The law prohibits leasing or alienation of such land, allowing only temporary user permits subject to NEMA approval. The respondent failed to prove he held a vali…

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• Public Trust Land
• Lake Shore Protection
• Review Of Judgment
• User Permits
• Local Government Land Management
• Environmental Permits

Owor v Hammerline Extractions Limited and Another

Owor v Hammerline Extractions Limited and Another (Civil Suit 648 of 2016) [2023] UGHCCD 343 (2 November 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 648 of 2016

Judge

Nambayo, J

The High Court held that quarry blasting by the 1st Defendant amounted to nuisance, awarded damages, and granted a permanent injunction.

• Private Nuisance
• Land Use Conflict
• Environmental Regulation
• Compensation For Damage
• Statutory Duties Of Regulators
• Private-nuisance

Habimana and Another v Uganda (HCT-01-CR-CN 8 of 2021)

Habimana and Another v Uganda (HCT-01-CR-CN 8 of 2021) [2023] UGHCCRD 57 (31 August 2023)

Court

HC: Criminal Division (Uganda)

Case number

HCT-01-CR-CN 8 of 2021

Judge

Wagona, J

The High Court reduced sentences for two refugee appellants convicted under the Wildlife Act, finding the trial court had imposed harsh and excessive penalties.

• Sentencing Principles
• Wildlife Offences
• Mitigation Of Sentence
• Illegal Entry Protected Area
• Sentencing-principles
• Wildlife-offences