Wakilii

Geoffrey Ntambirweki Kandeebe & 3 Others V ATC Uganda Limited & Another (MISC APPLICATION NO. 346 OF 2019)

High Court · [2019] UGHCCD 180 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from civil suit
Decision
Application for temporary injunction dismissed

Observed later treatment

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Holding

The High Court dismissed an application for a temporary injunction to restrain construction of a telecommunications mast. The court held that the applicants failed to establish a prima facie case, noting that their claims regarding lack of environmental impact assessment were speculative where the respondent produced an approved EIA certificate and necessary regulatory approvals. The court emphasised that temporary injunctions are extraordinary remedies requiring clear demonstration of irreparable harm, not mere speculation.

Outcome

Application for temporary injunction dismissed

Facts

The applicants were residents living 10-20 meters from a site where the 1st respondent was constructing a telecommunications mast in Ben Kiwanuka village, Rubaga. They sought a temporary injunction claiming the mast would emit dangerous radioactive waste harmful to their health and their children's health, and that no proper Environmental Impact Assessment or community consultation had been conducted. The 1st respondent produced evidence of an approved EIA certificate from NEMA dated 22 May 2018, a development permit from KCCA dated 4 April 2019, permits from the Civil Aviation Authority, and signed neighbourhood consent agreements from community members. NEMA confirmed in response to the applicants' complaint that proper consultation had occurred and the mast satisfied legal requirements. The applicants contended the consultation documents were forged and backdated, and that immediate neighbours were not consulted.

Issues

  1. Whether the applicants established a prima facie case with a probability of success warranting the grant of a temporary injunction.
  2. Whether the applicants would suffer irreparable injury if the temporary injunction were denied.
  3. Whether the balance of convenience favoured the grant of a temporary injunction.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Temporary Injunctions — Prima Facie Case — Standard of Proof
For a temporary injunction to be granted, the applicant must establish a prima facie case with a probability of success, meaning the court must be satisfied that the claim is not frivolous or vexatious and that there is a serious question to be tried, but the court does not delve deep into the merits or try to resolve conflicts of evidence at the interlocutory stage.
Civil Procedure — Temporary Injunctions — Three-Part Test
The test for granting a temporary injunction requires: (1) that the applicant show a substantial question to be investigated with chances of winning the main suit; (2) that the applicant would suffer irreparable injury which damages cannot atone for if the injunction is denied; and (3) that the balance of convenience favours the applicant.
Civil Procedure — Temporary Injunctions — Exercise of Discretion — Speculative Claims
A temporary injunction being an extraordinary equitable remedy must be exercised cautiously and with circumspection, and the court will not grant such relief based on speculative claims unsupported by evidence, as doing so would set a dangerous precedent allowing litigants to obtain temporary orders merely through speculation.
Environmental Law — Environmental Impact Assessment — Challenge to Validity — Proper Procedure
Where a party contends that an approved Environmental Impact Assessment certificate is a nullity because mandatory consultations did not take place, the correct procedure is to apply to the Executive Director of NEMA for cancellation of the approved EIA pursuant to regulation 28 of the Environmental Impact Assessment Regulations SI No.1998, not to institute a suit in court.

Legislation cited (7)

Cases cited (6)

  • American Cynamid v Ethicon [1975] All ER 504
  • Equator International Distributors Ltd v Beiersdorf East Africa Ltd & Others (Misc Application No. 1127 of 2014)
  • Yahaya Kariisa v Attorney General & Another (SCCA No. 7 of 1994)
  • Titus Tayebwa v Fred Bogere and Eric Mukasa (Civil Appeal No. 3 of 2009)
  • Shiv Construction v Endesha Enterprises Ltd (Civil Appeal No. 34 of 1992)
  • Victor Construction Works Ltd v Uganda National Roads Authority (HMA No. 601 of 2010)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Geoffrey Ntambirweki Kandeebe & 3 Others V ATC Uganda Limited & Another (MISC APPLICATION NO. 346 OF 2019) [2019] UGHCCD 180 (16 August 2019)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.