Original language

English

Country
Uganda
Date of text
Status
Pending
Type of court
National - higher court
Sources
InforMEA
Court name
High Court of Uganda at Kampala
Seat of court
Kampala
Tagging
Wetlands
Free tags
Environment gen.
Wild species & ecosystems
Justice(s)
MPAGI-BAHIGEINE, A.E.
TWINOMUJUI, C.N.B
KITUMBA, C.K.
BYAMUGISHA, S.
KAVUMA, B.
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.