Judul : Nakivubo Channel Case: High Court Delays Injunction to December Due to Filing Lapses
link : Nakivubo Channel Case: High Court Delays Injunction to December Due to Filing Lapses
Nakivubo Channel Case: High Court Delays Injunction to December Due to Filing Lapses
Key Information:
- Nakivubo Channel case: Court sets December hearings for injunction and dismissal requests.
The High Court has established firm deadlines for the involved parties to submit their replies in a legal matter where two traders' associations from Kampala are requesting an injunction against businessman Hamis Kiggundu, his company Kiham Enterprises Ltd, the National Environment Management Authority (NEMA), and the Kampala Capital City Authority (KCCA) concerning alleged unauthorized construction activities along the Nakivubo Drainage Channel.
During a session led by High Court Civil Division Registrar Simon Kintu Zirintusa, attorneys for all involved parties were present, though some had not yet submitted their responses.
The applicants, Kampala Arcaders Traders Association (KATA) and UNATA Traders Association Uganda Limited, are contesting current construction activities they claim have led to flooding and damage to traders' goods in central Kampala.
Mr. Joseph Luzige, speaking on behalf of the merchants, notified the court that although the opposing parties had been properly served, several had not submitted their replies within the anticipated timeframe.
This application was meant to be brought for a hearing. We have served all the respondents, which is why they are present in court. None of them have submitted their response yet, but they are still within the allowed time frame. The 3rd and 4th"Kiggundu and his company" have submitted a Miscellaneous Application scheduled for December 8 before a judge," Luzige stated.
He requested the court to schedule a hearing, pending the respondents meeting their responsibilities.
Lawyer Christopher Kayongo from NEMA, along with KCCA's lawyer Dennis Byaruhanga, asked for an additional seven days to submit their replies.
On behalf of Mr. Kiggundu and Kiham Enterprises, Attorney Arnold Gimara stated that they had submitted both their response and an extra application that questions the validity of the traders' injunction request.
"As noted by the legal representatives, we have submitted our response. The applicants were aware of the application, which already has a scheduled hearing on December 8. This application takes priority," stated Gimara.
He maintained that their initial objection brings up significant legal issues that should be addressed first.
"The application raises significant legal concerns regarding the validity of this submission, and we request that it be dismissed. Court orders, Rule 91 and Rule 15(3) state that if a legal objection can resolve the issue, it should be addressed first. We ask that the current application for an injunction be scheduled for a hearing." Mr. Gimara stated in court.
Mr. Gimara maintained that the applicants had been properly notified and requested the court to hold off on further proceedings until the objections are reviewed by a judge.
In reply, Mr. Luzige rejected the proposal for more time, maintaining that the respondents' legal 15-day period to submit a response would end on Saturday.
"If given more time, it would be pushing the limits of the law. Counsel Gimara mentioned that you should continue the proceedings, but these are two separate applications, and you have the authority to handle this one first," Mr. Luzige stated.
He mentioned that although the law mandates that points of law be considered first, none had been brought up in the current case before the registrar.
However, Registrar Zirintusa provided the respondents with seven days until November 27 to submit their responses, with counter-arguments anticipated by December 1, and the case was postponed to December 11 for review.
In a different application submitted to the high court judge, Mr. Kiggundu and Kiham Enterprises requested the court to reject the traders' primary lawsuit, contending that the traders' associations do not have the legal authority to initiate legal action against them.
"The plaintiff's claim should be dismissed due to the failure to present a valid basis for the lawsuit... and the case should be thrown out as clearly without merit, fundamentally flawed, completely misguided, inappropriate, and a misuse of the judicial system," the application states in part.
They contend that the traders' assertion is based on flooding resulting from natural precipitation, which does not qualify as a legitimate legal claim.
The application states, 'An event caused by nature cannot serve as a legitimate and defensible claim against any individual.'
Kiggundu and his firm further argue that the lawsuit is hypothetical, especially concerning claims that they did not have necessary permissions to redevelop the Nakivubo Channel. They state that proper approvals were in effect and are documented in court records.
They argue that there is no live or actionable dispute regarding the approval of the ongoing project.
This application for dismissal will be considered by Justice Bernard Namanya on December 8, three days prior to the date when the injunction application is scheduled to be discussed.
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