The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-area expert postgraduate students from the University of Cape Town.
Read also JIFA's Environmental Country Reports for SADC
The court considered an appeal against the decision of the House of Representatives. It passed a resolution directing the Respondent to pay to the Appellant compensation in the sum of $1.5 Billion for damages/compensation for environmental degradation of the Appellants' communities by oil drilling.
The High Court ordered the Respondent to comply with the resolution and pay to the Appellants the said sum. However, the respondent was able to obtain a stay of execution of the judgment in the trial court granted that the applicant deposits the outstanding amount pending the outcome of the subsequent appeal.
The Respondent wanted this varied and was successful. The applicant disputed this before this court pleading for unconditional stay of execution.
The court had to determine whether there were justifiable reasons to grant an unconditional stay of execution.
The court held that a stay of execution, conditional or unconditional, is granted at the discretion of the court and an appeal court will only interfere where the discretion was wrongly exercised or irregular.
The learned justices of the Court of Appeal took into consideration the consequences of an unsuccessful appeal and a successful one, and came to the conclusion that an unconditional stay of execution met the justice of the case since the Respondent (in this appeal) had assets within the jurisdiction of the court to defray the judgment sum. The facts and circumstances clearly did not support tying down $1.5 Billion to await judgment at the end of lengthy appeals.
The appeal was thereby dismissed.
This was an appeal against a decision by the High Court to award the respondents compensation of N22 million, on the ground that the High Court did not have jurisdiction to try the case.
The facts of the case were that as a result of the applicant’s oil exploration activities, crude oil polluted the respondents’ farmlands, fish ponds and streams. The High Court awarded damages against the appellant who then unsuccessfully appealed to the Court of Appeal. The appellant contended that ss7(b), 7(3) and 7(5) of the Federal High Court (Amendment) Decree 60 of 1991 ousted the jurisdiction of the High Court on claims pertaining to mines and minerals, including oil fields, oil mining, geological surveys and natural gas.
The court considered whether the construction and maintenance of an oil pipeline constituted mining operations and whether the High Court lacked jurisdiction to hear such claims pertaining to mining and minerals.
The court found that the construction, operation and maintenance of an oil pipeline by a holder of an oil prospecting licence was an act pertaining to mining operations. As a result the court found that the claims fell within the exclusive jurisdiction of the Federal High Court as provided under s230(1)(a) of the Constitution (Suspension and Modification) Decree 107 of 1993. Accordingly, the court set aside the High Court decision on the ground that it was a nullity for want of jurisdiction.
This matter dealt with an appeal from the appellate court. The applicant questioned whether an appellate court could rightly formulate issues arising from a dismissed appeal in the determination of a separate appeal in the same case.
The appellant, discovered that the access road to his garage had been blocked by a trench that had been dug across it by the 1st respondent. He claimed to have suffered damages in lost revenue during the closure of the access road and was awarded special damages jointly, against the second and third respondents.
He appealed this decision claiming to have suffered more than the general public but was denied the appeal. He claimed that that the refusal of the trial court Judge to visit the place of interest affected the outcome and that the latter court had been wrong in formulating that particular issue.
This court determined that the Court of Appeal had merely referred to the fact that a visit to the place of interest would have assisted the trial court in determining whether the trench had really caused an obstruction of such immense proportions, as alleged. The court was assessing the appellant's evidence as a whole in order to decide whether he, had in fact suffered over and above what was possibly suffered by the general public
Further that the appellant had failed to prove that he had suffered damages over and above that possibly suffered by the public, or that the first respondent had caused such damage.
This was an appeal against the decision of the trial court to award damages to the respondent in absence of expert evidence.
The appeal originated from an action for damages by the respondent. The respondent contended that the appellant’s seismic operations involving setting off explosive charges underground, caused cracks on the cement walls and concrete floors of his building.
The court determined whether the trial court erred in its holding. The court noted that the plaintiff led no expert evidence, while an expert for the defence testified that the explosive charges could not have damaged the respondent’s building. It was further noted that both parties disagreed on the extent of the damage on the respondent’s building.
The court held that expert evidence was necessary to connect the damage with seismic operations. The court also held that the trial court erred in its holding since the plaintiff failed to discharge the onus on him to establish such connection.
The court noted that there was a serious conflict in the description of the building; and relied on the holding in Seismograph Service (Nigeria) Limited v Esiso Akporuovo (1974) 6 SC to hold that a proper evaluation of the evidence required a judicial inspection of the building.
Accordingly, the appeal was allowed.