The Executive Director, National Environment Management Authority (NEMA) v Solid State Limited
The Executive Director, National Environment Management Authority (NEMA) v Solid State Limited (Civil Appeal 15 of 2015) [2018] UGSC 93 (21 December 2018)
The Supreme Court held that judicial review proceedings may be instituted against the Executive Director of NEMA in his official capacity, as the relevant statutory provisions confer responsibility for the challenged administrative acts. The respondent was not accorded a fair hearing prior to cancellation of its EIA Certificate, as the appellant failed to provide adequate notice of the complaints or an opportunity for the respondent to respond in a meaningful way. This violated the rules of natural justice and constitutional guarantees under Articles 28(1) and 42, rendering the cancellation v…
Source excerpt
- Judicial Review
- Natural Justice
- Environmental Licensing
- Fair Hearing
- Remedies In Judicial Review
- Damages Assessment