Civil, Contract, Remedies, Environmental Impact Assessments, Damages, Evidence
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.