WEMNET application for temporary court injunction dismissed with costs
The application for temporary injunction filed by Water and Environment Media Network (WEMNET) prohibiting the implementation of the ESIA for the Kyangawali Mixed Land Use project has been dismissed with costs.
"The application for temporary injunction is wholly premised on distorted facts or misleading facts or deliberate falsehoods. It is clear that from the facts as presented by the applicant that some important information was left out either deliberately or ignorantly..." the ruling reads in part
Court recognized that a comprehensive ESIA study was done to inform the decision to issue a certificate of approval.
Court also recognized that the project is located on Plot 216 Block 2 Buhaguzi Kyanwali Sub-county, Kikuube District on land that is the official property of the Omukama of the Kingdom of Bunyoro and there is a copy of the certificate of title to this effect.
The project is not in Bugoma Forest as the public has been falsely made to believe. There is no controversy on the land since the issue of ownership was resolved by the High Court in 2019.
The activities in the project area are restricted to about 9 sq km instead of the entire 22 sq km of private land that was leased to the developer.
Court pointed out an anomaly (out of ignorance or deliberately) that Hoima sugar was left out of the suit and further stated in the ruling that "...it is not true that they are going to cut down trees as alleged but they are going to use that specific area marked out in the Environmental and Social Impact Assessment. This implies the temporary injunction is sought on speculative grounds and the same are yet to happen as they contend."
For now, the National Environment Management Authority is pondering how to deal with disrepute caused to us by some individuals, civil society organizations and sections of media.
Ruling in the link below