AMOOTI GODFREY NYAKANA v. NEMA,ATTORNEY GENERAL,ADVOCATES COALITION FOR DEVELOPMENT ENVIRONMENT,ENVIRONMENT ALERT,GREENSWARD,UGANDA WILDLIFE SOCIETY,THE ENVIRONMENTAL ACTION NETWORK

Title:
AMOOTI GODFREY NYAKANA v. NEMA,ATTORNEY GENERAL,ADVOCATES COALITION FOR DEVELOPMENT ENVIRONMENT,ENVIRONMENT ALERT,GREENSWARD,UGANDA WILDLIFE SOCIETY,THE ENVIRONMENTAL ACTION NETWORK
Party:
Uganda
Region:
Africa
Type of document:
National - higher court
Date of text:
November 09, 2009
Data source:
InforMEA
Court name:
High Court of Uganda at Kampala
Seat of court:
Kampala
Justice(s):
MPAGI-BAHIGEINE, A.E.
TWINOMUJUI, C.N.B
KITUMBA, C.K.
BYAMUGISHA, S.
KAVUMA, B.
ECOLEX subject(s):
Wild species & ecosystems
Environment gen.
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.