A section of residents at Windsor Crescent and Acacia Avenue in Kololo have sued their neighbouring nightclubs for allegedly hosting rowdy clients and playing high decibel music which has disrupted their peace in a residential zoned area.
According to the suit number 153 of 2018 in the Civil Division of the High Court in Kampala, the plaintiffs represented by Signum Advocates include Mansur Sharif, Rushikesh Vadodaria, Timothy Kreuter, Malik Bharwani, and Elizabeth Roussos, all proprietors of residential properties located on Plot 23A and B John Babiiha Road (Acacia Avenue), Plot 10 Acacia Avenue, and Plot 36, 35, 30 and 32 Windsor Crescent respectively.
The bars in question include Casablanca Pub and Night Club, H20 Bar, Restaurant and Lounge, Big Mikes, Bubbles O’Leary’s, Atmosphere, and Wave Lounge located on plot 29A,13A,19 and 15 Acacia Avenue with the exception of Atmosphere Lounge which is located on Plot 34 Windsor Crescent.
Particulars of the suit indicate that the defendant’s business operations in Kololo have turned out to be a problem since they violate the plaintiff’s rights to a clean and healthy environment by emitting noise beyond the permissible noise levels.
‘’They host music concerts, play it loudly, hold late night parties and raves that emit a lot of noise. The shouts and ululations from their drunken clients are so unbearable, are hard for me and my family to sleep at night,” said Timothy Kreuter, a resident at Plot 36 Windsor Crescent. Kreuter lives next to Atmosphere Lounge and Night Club.
The residents went ahead to reveal that the noise has come along with financial constrains to them and according to Mansur Sheriff, a resident and proprietor of the property at Plot 23A and B John Babiiha Road, ‘’I have lost rental income for tenants at USD 1200 per month for a period of 12 months. My clients can’t stand the noise.” This translates to USD 14,400, approximately 54.7 million Uganda shillings.
Another other resident, Rushikesh Vadodaria, said that he has incurred costs of sound proofing his house at over 19.6 million shillings and purchasing an air conditioner worth 2.65 million shillings. He looks forward to being compensated after the court judgement.
At the time of writing this report, no defense had been filed at the High Court by the clubs in question.
In February 2017, Kampala Capital City Authority (KCCA) issued a statement threatening to deregister businesses that violated the National Environment (Noise Standards and Control) Regulations, 2003.
Stipulated under sections 28 and 107 of the National Environment Act Cap 153, the regulations are meant to guard against emitting noise in excess of the permissible noise levels, unless with a licence issued under these regulations. The regulations limit noise levels in residential areas to 65 decibels (dB) during the day and 45 dB at night.
“In line with section 27 of the Trade (Licensing) Act 1969, KCCA shall revoke trading licenses for other bars/entertainment places that contravene the noise standards and control regulations,” read the statement in part.