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National Association of Professional Environmentalists (NAPE), Applicant v. AES Nile Power Limited, Respondent

Pays/Territoire
Ouganda
Type de cour
Nationale - cour supérieure
Date
Avr 23, 1999
Source
UNEP, InforMEA
Nom du tribunal
High Court of Uganda at Kampala
Juge
Okumu Wengl, R., O.
Numéro de référence
Misc. Case No. 268 of 1999
Langue
Anglais
Sujet
Environnement gén., Questions juridiques
Mot clé
EIA Contrat/accord Conservation de l'énergie/production de l'énergie Procédures judiciaires/procédures administratives
Résumé
An application by Notice of Motion was brought under Order 48, Rules 1 and 2 of the Civil Procedure Rules, Section 101 of the Civil Procedure Act and Section 71 of the National Environmental Act (2000). It sought an injunction to stop the respondent from concluding a power project agreement with the Government of Uganda until the National Environment Management Authority (NEMA) had approved an environmental impact assessment. The applicant contended that the respondent was likely to harm the environment, but he did not pray for an order to restore the environment. What he sought was an injunction to stop the signing of the agreements and declarations. The court held that the action was premature. An injunction of this nature could not be given since the agreements per se did not harm the environment though the execution thereof placed the respondent in a position so as to be able to alter environment by commencing works. The order sought related to a matter that by itself was not proximate to environmental damage as such though the signed agreements could be evidence of a reasonable likelihood for possible harm about to be done to the environment. Relating to the realm of freedom of contract, the court did not see itself in a position to prevent the act of signing the agreement as such. Until more information was available, it was difficult to formulate a claim to offer a remedy.
Texte intégral
Compendium_Vol__II.pdf
Disponible en
UNEP/UNDP/Dutch Government Joint Project on Environmental Law and Institutions in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume II, Page 48