Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

CIVIL APPEAL No. 3 OF 1996

DR. BWOGI RICHARD KANYEREZI..................... APPELLANT
VERSUS

THE MANAGEMENT COMMITTEE
RUBAGA GIRLS SCHOOL.................................... RESPONDENT

BEFORE: THE HON. JUSTICE E.S LUGAYIZI

Civil Procedure: Whether the plaint disclosed a cause of action
Civil Procedure: Whether government was a party to this action
Tort: What amounts to a private nuisance?

This was an appeal. The applicant by notice of motion filed an application seeking a permanent
injunction. The main prayer of the applicant was that an injunction is issued against the
respondent restraining them from using the VIP toilets at the lower boundary of the school which
were directly adjoined to his home. The appellant contended that, if the VIP toilets were used,
they would emit smelly gases directly into his house thus constituting a private nuisance.

HELD:

1. A private nuisance is private where it exclusively affects a private person and interferes
   with enjoyment of his land.


2. A permanent injunction is issued against the respondent from using the twelve VIP
   toilets.


3. The respondents allowed 90 days to relocate the toilets from date of judgement.


4. The respondent pay costs.

Appeal allowed

Editorial notes: Such an action could not have been brought by a party not directly affected.