Wakilii

Greenwatch v Uganda Wildlife Authority & Anor (Miscellaneous Application No.92 of 2004)

High Court · [2004] UGHCCD 5 · 2004 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from miscellaneous cause, with preliminary objection raised by respondent
Decision
Preliminary objection dismissed; main application to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that statutory notice under s.2 of Cap.72 requiring 45 days' notice before suing a scheduled corporation does not apply to applications under Article 50 of the Constitution seeking enforcement of fundamental rights, as requiring such notice would condone violations and deny immediate redress. The preliminary objection was overruled.

Outcome

Preliminary objection dismissed; main application to proceed

Facts

Greenwatch, an environmental NGO, sought a temporary injunction restraining Uganda Wildlife Authority and the Attorney General from exporting chimpanzees from Uganda to China. The application arose from press reports that the government had finalised plans to export chimpanzees from their sanctuary to Chinese zoos. Greenwatch claimed this violated constitutional rights to a clean and healthy environment, contravened directive principles requiring conservation of natural resources, and was ultra vires as chimpanzees are Uganda's natural heritage held in trust. The respondent raised a preliminary objection arguing that no statutory 45-day notice had been served on Uganda Wildlife Authority, a scheduled corporation, as required by s.2 of Cap.72 before filing the miscellaneous cause from which this application arose.

Issues

  1. Whether statutory notice under s.2 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72 is required before filing a suit seeking enforcement of fundamental rights under Article 50 of the Constitution against a scheduled corporation.

Orders

  • Preliminary objection overruled.

Rules and key headnotes

Constitutional Law — Enforcement of Fundamental Rights — Requirement of Statutory Notice — Article 50 Applications
Applications under Article 50 of the Constitution seeking enforcement of fundamental rights and freedoms are not subject to the requirement in s.2 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72 that 45 days' notice be served before suing a scheduled corporation, as requiring such notice would condone violations of rights and deny applicants immediate redress.
Civil Procedure — Statutory Notice to Scheduled Corporations — Scope of Application
The mandatory requirement to serve 45 days' notice on a scheduled corporation before instituting a suit, while applicable to ordinary civil suits, does not extend to constitutional applications for enforcement of fundamental rights where immediate pre-emptive court action is necessary to prevent infringement.
Constitutional Law — Interpretation of Fundamental Rights Rules — Relationship with Civil Procedure Act
Rule 7 of the Fundamental Rights and Freedoms (Enforcement Procedure) Rules S.I. 26 of 1992, which provides that the Civil Procedure Act and rules apply subject to the provisions of those Rules, means that procedure in Article 50 applications is governed by ordinary Civil Procedure Rules and not by special statutory notice requirements applicable to scheduled corporations.

Legislation cited (8)

Cases cited (7)

  • Lyakiye v Attorney General [1973] ULR 124
  • Kayondo v Attorney General (1988-1990) HCB 127
  • Dr. J.W. Rwanyarare & 2 Others v Attorney General (Miscellaneous Application No. 85 of 1993)
  • Greenwatch v Attorney General & NEMA (Miscellaneous Application No. 140 of 2002)
  • Greenwatch v Attorney General & NEMA (Miscellaneous Application No. 139 of 2001)
  • UGANDA ASSOCIATION OF WOMEN LAWYERS AND 5 OTHERS -VS- ATTORNEY GENERAL
  • Environmental Action Network Ltd v Attorney General & NEMA (High Court Miscellaneous Application No. 13 of 2001)

Full judgment

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

Greenwatch v Uganda Wildlife Authority & Anor (Miscellaneous Application No.92 of 2004) [2004] UGHCCD 5 (28 April 2004)
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.