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Scheer Property Limited v. National Environment Management Authority

Country/Territory
Uganda
Type of court
National - lower court
Date
May 26, 2009
Source
UNEP, InforMEA
Court name
High Court
Seat of court
Kampala
Judge
Mugamba, P.K.
Reference number
MISCELLANEOUS CAUSE No. 232 OF 2008
Language
English
Subject
Land & soil, Environment gen.
Keyword
Private forest Foreign land tenure Property rights Wetlands Land tenure Private land Ownership
Abstract

In this case, the plaintiff challenged the decision of the National Environment Management Authority (NEMA) refusing to grant him the permit required for his real estate project on a parcel of land that he owned on the shore of the Victoria Lake.

The plaintiffs claimed that as he was the owner of the land, he did not need any authorisation from NEMA to pursue his project. NEMA objected that the law request that he pursue an environmental impact assessment before pursuing any activities on his land which could be detrimental to the environment.

The judge of the High Court held that the petition of the plaintiff should be dismissed. Indeed, not only does the law require to pursue an environmental impact assessment, but the presence of a major wetlands within a protected area urged for a strict implementation of the law to prevent irreversible damages on fragile ecosystems.

Full text
Scheer property v NEMA.pdf
www.judiciary.go.ug