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Judge sues KCCA, businessman Bob Kabonero over noise pollution
A photo combo of High Court judge Andrew Bashaija (right) and Kampala businessman Bob Kabonero (left). FILE/COURTESY PHOTOS
A High Court judge in Kampala has sued businessman Bob Kabonero for alleged noise pollution.
In his suit filed before the High Court Civil Division, Justice Andrew Bashaija is seeking orders of a permanent injunction against the businessman, his bar and restaurant Ponsiano Kwizera trading as Green Lounge for continuously causing excessive noise pollution.
Justice Bashaija also jointly sued Kampala Capital City Authority (KCCA) seeking court to compel the Authority to cancel the business licence granted to the businessman and his bar.
In the court documents, Justice Bashaija states that he is the registered proprietor of property comprised in Kyadondo, Kisugu which is his residential home for over the last twenty years.
“The plaintiff (Justice Bashaija) has developed property on block 244 plot 1652 with sixteen apartments for residential purposes approved by the third respondent (KCCA) for that purpose and the plaintiff has tenants in the premises managed by M/S Devine Consult through its director one Penlope Kawawa Manzi,” reads in part the court documents.
Justice Bashaija further stated that his tenants pay monthly rent for the occupation of the premises in the ranges of $ 800 (about Shs 2.9 million) to $ 1,000 (about Shs3.6 million) which is his source of income.
The judge contends that in October 2019, Mr Kabonero and his bar and restaurant business purportedly acting under a licence issued by KCCA set up and have been operating adjacent to Justice Bashaija’s property.
“That the said bar and restaurant in the course of its business activities has continuously and wilfully emitted irritatingly loud music and noise from revellers during the day and night and caused excessive noise pollution to the plaintiff and his family as well as his tenants at the apartments,” Justice Bashaija further states in court documents, copies of which were seen by this publication.
The judge further contends that noise creates great discomfort, disturbance and inconvenience thus affecting the peaceful and quiet enjoyment of his home especially at night as the noise of revellers and music are on every night until morning.
“The tenants have put me on great pressure to refund their rental monies for the months of January to March 2020 such that they can leave and find other decent accommodation as they cannot cope with the nuisance caused by the defendants in a residential area,” Justice Bashaija states.
He further narrated that if his tenants vacate, he will lose a lot of income yet there are diminished or no chances of him getting other willing tenants to pay at a similar high rate.
Justice Bashaija avers that Mr Kabonero and his bar and restaurant's clients are found of dumping dirt, which include bottles and used condoms all over the place especially outside his home and the apartments.
“The plaintiff avers that while he was one of the residents that complained to the Local Council I executive of Minister’s village-Muyenga, Kisugu Parish for administrative actions, it instead turned itself into the investigator, prosecutor and judge in the same matter and faulted all legal and procedural requirements and assumed jurisdiction it never had and as a result, the plaintiff withdrew his complaint thus seeking for proper remedies,” the judge’s affidavit reads further.
Meanwhile, Justice Esta Nambayo has set February 17 to hear the application seeking to temporally stop Mr Kabonero and his bar and restaurant business until the hearing of the main case.
