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

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

Uganda Law Society & 2 Others v Hoima Sugar Limited & 3 Others

Uganda Law Society & 2 Others v Hoima Sugar Limited & 3 Others (Miscellaneous Cause 151 of 2021) [2022] UGHCCD 332 (12 July 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 151 of 2021

Judge

Emmanuel Baguma, J

The court found that the issues raised in the present application, including the procedure and grant of the Environmental Social Impact Assessment and alleged violations of the right to a clean and healthy environment, were previously litigated and adjudicated in Miscellaneous Cause Nos. 239 and 255 of 2020 and HCCS No. 031 of 2016. The court held that res judicata is not limited to issues actually decided but extends to all matters that could have been raised in the earlier proceedings. The distinction between judicial review and human rights enforcement was rejected as a basis for re-litiga…

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• Res Judicata
• Abuse Of Court Process
• Environmental Impact Assessment
• Public Interest Litigation
• Right To Clean Environment

Water and Environment Net work (U) Limited and 2 Others v National Environmental Management Authority and Anor (Consolidated Miscellaneous Cause No. 239 of 2020)

Water and Environment Net work (U) Limited and 2 Others v National Environmental Management Authority and Anor (Consolidated Miscellaneous Cause No. 239 of 2020) [2021] UGHCCD 30 (7 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Consolidated Miscellaneous Cause No. 239 of 2020

Judge

Musa Ssekaana, J

The High Court dismissed consolidated judicial review applications challenging NEMA’s ESIA approval for the Kyangwali Mixed Land Use Project.

• Judicial Review
• Environmental Impact Assessment
• Public Participation
• Locus Standi
• Procedural Fairness
• Judicial-review

National Forestry Authority v The Omukama of Bunyoro-Kitara & Others

National Forestry Authority v The Omukama of Bunyoro-Kitara & Others (Civil Application No. 266 of 2019) [2019] UGCA 2029 (3 December 2019)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 266 of 2019

Judge

Egonda-Ntende, JA

The Court of Appeal of Uganda dismissed an application for interim injunction or stay, finding no convincing evidence of imminent threat to the land pending the main application.

• Interim Injunction
• Stay Of Execution
• Status Quo Preservation
• Environmental Impact Assessment
• Alienation Of Land
• Judicial Discretion

Geoffrey Ntambirweki Kandeebe & 3 Others V ATC Uganda Limited & Another (MISC APPLICATION NO. 346 OF 2019)

Geoffrey Ntambirweki Kandeebe & 3 Others V ATC Uganda Limited & Another (MISC APPLICATION NO. 346 OF 2019) [2019] UGHCCD 180 (16 August 2019)

Court

HC: Civil Division (Uganda)

Case number

MISC APPLICATION NO. 346 OF 2019

Judge

Musa Ssekaana, J

The court found that the applicants failed to establish a prima facie case with a probability of success, as their claims regarding the lack of an Environmental Impact Assessment and absence of community consultation were speculative and unsupported by evidence. The respondents demonstrated compliance with legal requirements, including obtaining an EIA and necessary permits. The applicants did not provide credible evidence of imminent irreparable harm or that damages would be inadequate compensation. The court emphasized that the power to grant a temporary injunction is extraordinary and disc…

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• Temporary Injunctions
• Environmental Impact Assessment
• Community Consultation
• Telecommunication Infrastructure
• Judicial Discretion
• Public Health Concerns

EXECUTIVE DIRECTOR NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) V SOLID STATE LIMITED

EXECUTIVE DIRECTOR NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) V SOLID STATE LIMITED (Civil Appeal Number 0239 of 2013.) [2015] UGCA 97 (27 May 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal Number 0239 of 2013.

Judge

Nshimye, JA

The Court of Appeal held that the respondent was denied a fair hearing before the cancellation of its Environmental Impact Assessment Certificate, in violation of Articles 28(1) and 42 of the Constitution and the rules of natural justice. The process by which NEMA cancelled the certificate was procedurally unfair, as the respondent was not informed of the complaints or given an opportunity to respond. The court affirmed that certiorari was the appropriate remedy to quash the unlawful administrative action. On damages, the court found that while general damages were justified due to the respon…

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• Judicial Review
• Natural Justice
• Environmental Impact Assessment
• Damages Award
• Certiorari
• Public Authority Liability

Petrol City Enterprises (U) Ltd vs Okware & 40 Ors

Petrol City Enterprises (U) Ltd vs Okware & 40 Ors (Civil Applic. No 404 of 2014) [2015] UGCA 38 (31 March 2015)

Court

Court of Appeal of Uganda

Case number

Civil Applic. No 404 of 2014

The Court of Appeal dismissed Petrol City Enterprises’ application for an interim order, finding the claimed eviction risk speculative and the request an abuse of process.

• Interim Injunctions
• Status Quo Orders
• Environmental Impact Assessment
• Contempt Of Court
• Execution And Eviction
• Interim-injunctions