Environmental Impact Assessments, Property, Protected Areas, Wetlands, Damages, Permits, Remedies, Land Use, Inspections, Jurisdiction

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.