Wakilii

Mukwasi General Contractors Ltd v Living Words Assembly Limited & 2 Ors (CIVIL SUIT NO. 230 OF 2013)

High Court · [2018] UGHCCD 102 · 2018 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for nuisance, negligence, and breach of statutory duty under Article 50 of the Constitution arising from noise pollution
Decision
First Defendant ordered to reduce noise emissions from 64.8 decibels to the statutory maximum of 55 decibels during the day and 45 decibels at night

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that in a mixed-use commercial and residential area, a place of worship must comply with general environment noise limits of 55 decibels during the day and 45 decibels at night under Regulation 6(1) of the National Environment (Noise Standards and Control) Regulations 2003. Where a noise control zone classification is ambiguous, courts may apply general environment standards. The First Defendant was ordered to reduce noise levels from 64.8 to 55 decibels. Each party was ordered to bear its own costs.

Outcome

First Defendant ordered to reduce noise emissions from 64.8 decibels to the statutory maximum of 55 decibels during the day and 45 decibels at night

Facts

The Plaintiff owns a six-storey commercial building, Soliz House, on Plot 23 Lumumba Avenue. The First Defendant operates Living Word Assembly Church on adjacent Plot 21. The parties entered a Memorandum of Understanding on 21 November 2011 to co-exist peacefully regarding noise levels. The Plaintiff alleged the First Defendant continuously emitted excessive noise in breach of the MoU, violating the constitutional right to a clean and healthy environment. Noise measurements showed levels of 64.8 decibels at 10 meters from the church. The Plaintiff claimed loss of tenants due to the noise. The Second and Third Defendants were joined for allegedly failing to discharge their statutory duties. Lumumba Avenue is a mixed-use area combining commercial and city centre residences according to the Kampala Physical Development Plan.

Issues

  1. What are the permissible decibels the First Defendant should operate in, under the National Environment (Noise Standards and Control) Regulations, 2003?
  2. What are the remedies available to the parties?

Orders

  • The First Defendant shall reduce and regulate their noise levels to comply with the permissible decibels of 55 decibels during the day and 45 decibels at night.
  • Each party shall bear its own costs.

Rules and key headnotes

Environmental Law — Noise Pollution — Permissible Noise Levels in Mixed-Use Zones
Where the National Environment (Noise Standards and Control) Regulations 2003 do not specifically provide for noise limits in mixed commercial and residential zones, a place of worship in such a zone must comply with the general environment noise limits of 55 decibels during the day and 45 decibels at night under Regulation 6(1).
Constitutional Law — Right to Clean and Healthy Environment — Enforcement under Article 50
A person whose constitutional right to a clean and healthy environment under Article 39 is infringed by noise pollution may bring an action under Article 50 of the Constitution for redress, including orders to abate the nuisance.
Tort Law — Nuisance — Noise Interference with Property Use
A person who disturbs another in the legitimate enjoyment of property cannot justify that disturbance as the natural result of exercising his own rights if he exercises those rights in an excessive and extravagant manner, and such disturbance constitutes an actionable nuisance where it materially interferes with ordinary physical comfort.
Administrative Law — Judicial Remedies — Filling Lacunae in Legislation
Under section 33 of the Judicature Act, where there is a lacuna in statutory noise control regulations regarding mixed-use zones, the High Court has jurisdiction to grant remedies on such terms as it thinks just to resolve the controversy, including applying general environment standards to fill the gap.

Legislation cited (10)

Cases cited (1)

  • Sarova Hotels v Annabells Kenya Limited [1991] KLR 266

Full judgment

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

Mukwasi General Contractors Ltd v Living Words Assembly Limited & 2 Ors (CIVIL SUIT NO. 230 OF 2013) [2018] UGHCCD 102 (12 December 2018)
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.