Over the past few days, revelers have been wondering why some of there favourite bars have been closed. Well, it is all related to noise pollution. Yesterday, High Court Judge Henrietta Wolayo chased the case against these bars.
Justice Wolayo ruled that under the Noise and Vibrations Standards and Control Regulations 2013, the complainants can only file their case of alleged breach of statutory duties against the accused parties in the Magistrate’s Court.
All the seven bars in question are along Acacia Avenue and they include; Casablanca Pub, Big Mikes, Atmosphere, Bubbles O’Leary’s, Wave Lounge, and H20, among others.
The residents also sued Kampala City Council Authority (KCCA), and National Environment Management Authority (NEMA) for failing under their mandate to ensure a noise free environment.
The High Court Judge, Wolayo further ordered the residents that had filed the case to reimburse costs of the case to the ‘perpetators’.
“…Noise and Vibrations Standards Control Regulations 2013 imposed upon occupiers, owners a duty to control noise levels and breach of that duty lead an administrative action by local authorities or penal consequences or an aggrieved person or class of persons can bring an action under the regulations. By implication, the plaintiffs cannot bring an action under the common law tort of nuisance when there is a written law that regulates their complaint,” ruled High Court Judge, Wolayo.
