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AMOOTI GODFREY NYAKANA v. NEMA,ATTORNEY GENERAL,ADVOCATES COALITION FOR DEVELOPMENT&ENVIRONMENT,ENVIRONMENT ALERT,GREENSWARD,UGANDA WILDLIFE SOCIETY,THE ENVIRONMENTAL ACTION NETWORK

Country/Territory
Uganda
Type of court
National - higher court
Date
Nov 9, 2009
Source
UNEP, InforMEA
Court name
High Court of Uganda at Kampala
Seat of court
Kampala
Judge
MPAGI-BAHIGEINE, A.E.
TWINOMUJUI, C.N.B
KITUMBA, C.K.
BYAMUGISHA, S.
KAVUMA, B.
Language
English
Subject
Environment gen., Wild species & ecosystems
Keyword
Environmental planning Constitutional law Land-use planning Ecosystem preservation Wetlands
Abstract
The Uganda Constitutional Court recently ruled in favour of National Environment Management Authority(NEMA) and six others as to whether the provisions of the National Environment Act of Uganda (relating to restoration orders) are in conflict with the constitution and the right to private property.The petitioner's house being constructed in a wetland was demolished by the National Environment Management Authority in 2004.It was argued by one of the judges that the"wetlands could not be granted to private individuals/entities because the State holds such natural resources in trust for the citizenry and they must be preserved for the public benefit, in this case the environment". The petitioner is seeking to appeal against the judgment in the Supreme Court.