Wakilii

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

High Court · [2018] UGHCCD 101 · 2018 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for tort of nuisance, negligence, and breach of statutory duty arising from noise pollution
Decision
Plaintiff's claim for abatement of noise nuisance granted; 1st Defendant ordered to reduce noise levels to statutory limits

Observed later treatment

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Holding

Held that where a church operates in a mixed commercial and residential zone on Lumumba Avenue, the permissible noise levels are 55 decibels during day and 45 decibels at night under Regulation 6(1) of the National Environment (Noise Standards and Control) Regulations 2003. The court ordered the church to reduce noise levels from 64.8 decibels to 55 decibels. A person cannot justify disturbance to another's legitimate property enjoyment as natural exercise of rights if done in an excessive manner.

Outcome

Plaintiff's claim for abatement of noise nuisance granted; 1st Defendant ordered to reduce noise levels to statutory limits

Facts

The Plaintiff owns a six-storey commercial building called Soliz House on Plot 23, Lumumba Avenue, Nakasero, Kampala. The 1st Defendant operates Living Word Assembly Church on the adjoining Plot 21. The parties entered into a Memorandum of Understanding on 21 November 2011 to co-exist peacefully regarding noise levels. The Plaintiff alleged that the 1st Defendant continuously breached this agreement by emitting excessive noise measured at 64.8 decibels at 10 meters, violating the constitutional right to a clean environment under Article 39. The Plaintiff lost tenants due to the excessive noise. The 1st Defendant denied emitting excessive noise and claimed compliance with legal requirements. The 2nd and 3rd Defendants maintained they had discharged their statutory duties. Lumumba Avenue is located in Nakasero, the central business district of Kampala, and is designated as a mixed-use area of commercial and city center residences under 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 1st Defendant shall reduce their noise levels from 64.8 decibels to 55 decibels during day and 45 decibels at night.
  • The 1st Defendant shall regulate their noise levels to comply with the permissible decibels under Regulation 6(1) of the National Environment (Noise Standards and Control) Regulations 2003.
  • Each party shall bear its own costs.

Rules and key headnotes

Environmental Law — Noise Pollution — Permissible Noise Levels in Mixed-Use Zones
Where a place of worship operates in a mixed commercial and residential zone and the National Environment (Noise Standards and Control) Regulations 2003 do not specifically provide for such mixed-use zones, the court may apply the general environment area standards under Regulation 6(1), limiting noise to 55 decibels during day and 45 decibels at night.
Constitutional Law — Fundamental Rights — Right to Clean and Healthy Environment
Under Article 50 of the Constitution of Uganda 1995, any person claiming that the right to a clean and healthy environment under Article 39 has been infringed by continuous noise pollution is entitled to apply to a competent court for redress including compensation and injunctive relief.
Tort Law — Nuisance — Noise as Material Interference with Property Enjoyment
A person who disturbs another in the legitimate enjoyment of property cannot justify that disturbance as natural exercise of rights if exercised in an excessive and extravagant manner; the act complained of constitutes nuisance if it materially interferes with ordinary physical comfort according to plain and simple notions, not merely elegant habits of living.
Administrative Law — Statutory Duties — NEMA's Authority to Regulate Noise Emission
The National Environment Management Authority has authority under Section 28 of the National Environment Act Cap 153 to establish criteria for measurement of noise pollution, minimum standards for noise emission, and guidelines for abatement of unreasonable noise pollution from any source.
Civil Procedure — Remedies — Court's Power to Fill Legislative Gaps
Under Section 33 of the Judicature Act Cap 13, where there is a lacuna in legislation (such as no specific provision for places of worship in mixed-use zones), the High Court may grant such remedies as it thinks just so that matters in controversy may be completely and finally determined, although the court has no authority to make laws.

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 101 (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.