27 November 2012

Uganda: Man Sues Nema Over Noise Pollution

A resident of Kololo, an upscale city suburb, has sued the National Environmental Management Authority (NEMA) and Kampala Capital City Authority (KCCA) over noise pollution.

Enock Musinguzi claims his family is being inconvenienced by noise from BodaBoda Bar located at Garden City.

In the suit filed on November 16 at the High Court in Kampala, NEMA and KCCA are jointly sued with Hub Entertainment, the proprietor of the city entertainment spot.

Through Tumusiime, Kabega and Company Advocates, Musinguzi, who states that he is the owner of Plot 3 Wamego Close, is seeking damages, saying the noise has stressed his family.

He, however, does not indicate how much money he wants in damages.

"The plaintiff has been denied quiet enjoyment of his home, failure to realise basic benefits, entitlements and privileges such as quiet, peaceful sleep, private study, prayer or holding family functions," Musinguzi states.

He faults NEMA, saying it has a statutory obligation to ensure that he enjoys a quiet residential environment.

Musinguzi blames KCCA for failing in its duty to clamp down on the noise levels from the entertainment spot.

He said KCCA is aware that the bar has no night club licence.

Musinguzi is demanding that the entertainment spot's licence be cancelled and for it to be permanently restrained from purportedly polluting the environment.

He also wants court to compel both NEMA and KCCA to enforce their statutory duty.

Musinguzi asserts that the entertainment spot decided to set up such a business without taking into account that Golf Course Village is a residential area.

The defendants are yet to respond to Musinguzi's claims.

The case file has been allocated to Justice Elizabeth Musoke.

However, a date is yet to be fixed for the hearing.

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