Mahera vs The Emin Pasha Ltd (CIVIL SUIT NO. 78 OF 2011)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court found that the defendant's operation of a live music venue with amplified sound constituted noise pollution under the National Environment (Noise Standards and Control) Regulations 2003. An injunction was granted requiring the defendant to cease noise pollution and comply with statutory noise control standards within 14 days. General damages of UGX 20,000,000 were awarded to the plaintiff for inconvenience and disturbance to peaceful enjoyment of her residential property.

Outcome

Injunction granted restraining defendant from noise pollution; general damages awarded

Facts

The plaintiff, a 70-year-old widow, had resided at Plot 3 Kyadondo, Nakasero, Kampala for over 20 years. The defendant operated a music venue on adjoining premises. The plaintiff complained of persistent and pervasive noise pollution emanating from the defendant's compound, particularly on Friday evenings and Saturdays. Live bands would test instruments from approximately 2-3pm until 6pm, with performances running from 7pm to midnight or later, peaking at 11:30pm. The amplified music was played in an open environment at excessive noise levels. Despite complaints to the defendant, NEMA, and KCCA, and offers to demonstrate the extent of the problem, the noise pollution continued. The plaintiff and her family were forced to close doors and windows, alter routines, and endure stress and inability to rest peacefully in their home.

Issues

1. Whether the defendant's operation of a live music venue constituted noise pollution actionable under environmental regulations and the law of nuisance.
2. Whether the plaintiff was entitled to an injunction restraining the defendant from perpetuating noise pollution.
3. Whether the plaintiff was entitled to general damages for the noise nuisance experienced.

Orders

• The defendant shall immediately cease and desist from perpetuating noise pollution from its premises.
• The defendant shall comply with the National Environment (Noise Standards and Control) Regulations and the Kampala City Council (Maintenance of Law and Order) Ordinance 2006 within 14 days from the date of this order.
• NEMA and the Executive Director, Kampala Capital City Authority shall ensure observance by the defendant of the National Environment (Noise Standards and Control) Regulations and enforce penal provisions.
• The plaintiff is entitled to pursue further action through court if noise pollution persists or if there is willful disobedience of the court's orders.
• General damages awarded in the sum of UGX 20,000,000.
• Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Legislation cited (3)

• National Environment Act Cap 153
• National Environment (Noise Standards and Control) Regulations 2003
• Kampala City Council (Maintenance of Law and Order) Ordinance 2006

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Kaggwa v Musiimenta (Civil Appeal 10 of 2022)
• Musiimenta v Migisha and 4 Others (Civil Suit No. 078 of 2011)
• Hotel Mamerito Limited and Others v National Resistance Movement (Miscellaneous Application No. 1058 of 2016)

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