Uganda Case Law

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

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

Mukwasi General Contractors Ltd v Living Words Assembly Limited & 2 Ors

Mukwasi General Contractors Ltd v Living Words Assembly Limited & 2 Ors (CIVIL SUIT NO. 230 OF 2013) [2018] UGHCCD 101 (12 December 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 230 OF 2013

Judge

Musa Ssekaana, J

The court found that the area in question is a mixed residential and commercial zone, and the applicable permissible noise levels are those set for general environment areas under Regulation 6(1) of the National Environment (Noise Standards and Control) Regulations, 2003: 55 decibels during the day and 45 decibels at night. The First Defendant's emission of 64.8 decibels exceeded these limits, constituting a nuisance and breach of statutory duty, and interfering with the Plaintiff's legitimate use of its property. The court held that the First Defendant must reduce and regulate its noise leve…

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• Nuisance
• Noise Pollution
• Breach Of Statutory Duty
• Right To Clean Environment
• Injunctive Relief
• Statutory Compliance

Mukwasi General Contractors Ltd v Living Words Assembly Limited & 2 Ors

Mukwasi General Contractors Ltd v Living Words Assembly Limited & 2 Ors (CIVIL SUIT NO. 230 OF 2013) [2018] UGHCCD 102 (12 December 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 230 OF 2013

Judge

Musa Ssekaana, J

The High Court set permissible noise limits for a mixed-use Kampala area and ordered a church to reduce noise to 55 decibels by day and 45 at night.

• Nuisance
• Noise Pollution
• Breach Of Statutory Duty
• Negligence
• Right To Clean Environment
• Injunctive Relief

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…

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• Right To Clean Environment
• Plastic Waste Management
• Environmental Regulation
• Polluter Pays Principle

Eryau v Environmental Action Network

Eryau v Environmental Action Network (Civil Appl. No. 39 of 2001) [2002] UGHC 133 (19 June 2002)

Court

High Court of Uganda

Case number

Civil Appl. No. 39 of 2001

Judges

Ntabgoba, PJ

The court found that the applicant's concerns regarding criminalisation and prosecution for public smoking were rendered moot by the prior striking out of those prayers. The applicant's remaining arguments were insufficient to establish that he would be directly affected by the main application, as his own testimony acknowledged the need to respect non-smokers and the hazards of cigarette smoke. The court held that a blanket exclusion of smoking in all public places would be inappropriate, but the applicant's position was too general and lacked substantive merit. The applicant was deemed to b…

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• Right To Clean Environment
• Public Health Regulation
• Standing To Be Heard
• Enforcement Of Fundamental Rights

Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) v Nigeria (Communication No. 155/96) (Communication 155 of 1996)

Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) v Nigeria (Communication No. 155/96) (Communication 155 of 1996) [2001] ACHPR 35 (27 October 2001)

Court

African Commission on Human and Peoples Rights

Case number

Communication 155 of 1996

The African Commission found Nigeria violated multiple Charter rights in the Ogoni case, arising from oil-related environmental harm, violence, and forced displacement.

• Right To Health
• Right To Clean Environment
• Forced Evictions
• Right To Food
• Collective Rights
• State Obligations