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21 Feb 2023

Land And Property [2023] UGHC 353

Oneka & 5505 Others v Attorney General

Oneka & 5505 Others v Attorney General (Civil Suit 27 of 2016) [2023] UGHC 353 (21 February 2023)

Court: High Court of Uganda
Case number: Civil Suit 27 of 2016
Judge: Ajiji, J

The plaintiffs established a cause of action against the defendant by proving their rights to property and a clean environment were violated through the forced creation of IDP camps on their land by agents of the defendant acting in the course of employment. The defendant is vicariously liable for the actions of its agents, which resulted in environmental degradation, destruction of property, and loss of livelihood. The court found the plaintiffs entitled to compensation for deprivation of land and environment, general damages for suffering and inconvenience, exemplary damages for oppressive…

Source excerpt

Vicarious Liability
Polluter Pays Principle
Compensation For Land Deprivation
Environmental Degradation
General Damages
Injunctive Relief

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5 Oct 2012

Environmental Law [2012] UGHC 205

GreenWatch v AG & N.E.MA (Misc. Cause No.140 of 2002)

GreenWatch v AG & N.E.MA (Misc. Cause No.140 of 2002) [2012] UGHC 205 (5 October 2012)

Court: High Court of Uganda
Case number: Misc. Cause No.140 of 2002
Judge: Mwangushya, J

The court found consensus between the parties regarding the environmental dangers posed by the rampant and uncontrolled use of polythene bags and plastics. The court recognized that some steps had been taken by the government to curb the importation and use of polythene bags, including legislative proposals and regulatory measures. However, the court noted that these measures had not yet resulted in effective protection of the environment. The court held that the manufacture, distribution, use, sale, and disposal of plastic bags, containers, food wrappers, and other forms of plastic commonly…