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Tim Kabaza & 2 Ors v Chatha Investments Ltd
Tim Kabaza & 2 Ors v Chatha Investments Ltd (Miscellaneous Application No.745 of 2007) [2008] UGSC 5 (31 March 2008)
The court found that the applicants had locus standi to bring the suit in their individual capacities as their rights were allegedly infringed individually, not as a class action. The court held that the applicants established a prima facie case with a probability of success, as the respondent's actions could constitute both public and private nuisance and had drawn concern from NEMA and the Uganda Electricity Distribution Company. The court determined that damages from nuisance and environmental degradation are difficult to quantify and may not be adequately compensated by monetary damages,…
Source excerpt
- Temporary Injunctions
- Public Nuisance
- Locus Standi
- Environmental Rights
- Access To Sewerage
- Balance Of Convenience