Kerry Howard Mwesigwa.
KAMPALA, November 07, 2023 | A mining company in Mukono district, Uganda, has been ordered by the High Court to pay sh83m to a farmer who sued them for causing noise pollution that affected her poultry business. The farmer, Anne Rose Mary Owor, claimed that the mining company, Hammerline Extractions Limited, used explosives to blast stones near her property, creating loud noise and vibrations that disturbed her health, her farm, and her peaceful enjoyment of her land.
The mining company was licensed to excavate and had proceeded to blast stones adjacent to Owor’s properties situated at Buntaba Block 80, Plots 177, and Plot 781 in Mukono District. Owor tried to resolve the matter amicably with the mining company and even signed a Memorandum of Understanding with them, to co-exist peacefully. However, the mining company breached the agreement and continued to emit excessive noise. Owor then decided to sue the mining company and the National Environmental Management Authority (NEMA), which is mandated to regulate noise pollution, for violating her and the public’s constitutional right to a clean and healthy environment.
The case was heard by Justice Esta Nambayo of the High Court Civil Division, who delivered her judgment on November 3, 2023. The judge found that the mining company’s blasts and excavations caused a nuisance to Owor and her farm. She ordered the mining company to pay Owor sh73.4m as special damages for the loss of her poultry business and sh10m as general damages for the inconvenience and suffering she endured. She also issued a permanent injunction restraining the mining company, its employees, agents, and anyone acting under it from carrying out blasts and excavations in a manner that constitutes a nuisance in its neighborhood. The mining company was also ordered to pay the costs of the suit to Owor, which are yet to be determined by the court.
The judge, however, did not order NEMA to pay any compensation to Owor, as she found that NEMA had discharged its statutory duty by issuing guidelines on noise pollution and monitoring the mining company’s compliance. She noted that NEMA had issued several warning letters and notices to the mining company and even suspended its license at some point. She also observed that NEMA had no power to stop the mining company from operating, as that would require a court order.
