complaint

Mbabazi and Others v. The Attorney General and National Environmental Management Authority - complaint

Litigation

Sabin

Sabin Litigation

Filing Year For Action

In 2012, the plaintiffs sought declaratory and injunctive relief on behalf of four Ugandan minors. They argue that article 237 of the Ugandan Constitution makes the government of Uganda a public trustee of the nation's natural resources—including its atmosphere—and that articles 39 and 237 require the government to preserve those resources from degradation for both present and future generations. Citing multiple examples of damage and loss of life resulting from extreme weather events, the plaintiffs allege that the government has breached its constitutional duty. In addition to asking the court to declare that the government is violating its public trust duty by not addressing climate change and thereby failing to prevent present and future harms, the plaintiffs request several forms of injunctive relief, such as orders compelling the government account accurately for nationwide greenhouse gas emissions and developing a plan to mitigate those emissions.

After a preliminary hearing, the High Court ordered the parties to undertake a 90-day mediation process, but took no further action through October 2017. Between 2018 and 2022, an array of witness statements, document evaluations, and lengthy adjournments (due to the judge's or parties’ absence) occurred. 

In June of 2023, the court reinstated evidence and allowed for a new next-friend application a the plaintiff, which was granted in July of 2023 and resulted in an amendment to the pleadings. 

In May of 2024, the court granted the second defendant leave to amend their pleadings, and the matter was adjourned until September 19, 2024. The matter was then again adjourned twice more, and all parties appeared in court on March 31, 2025. It was then adjourned until May 12, 2025. During this hearing, the first defendant prayed for adjournment of the case, as he requested time to prepare and file a Trial Bundle. The court granted this request, and the matter is now adjourned until September 15, 2025. 