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
MASLOW AGENCIES LTD v TOB COHEN [2006] eKLR (Civil Case 646 of 2006); (27 July 2006); 
Notice of Termination of Contract Termination of Contract Contract Law Air quality Air and climate Environmental law Locus standi in environmental litigation Litigation of environmental issues Environmental law Healthy environment Substantive rights Human Rights Environmental damages Environmental remedies EL IndexThis was an application for a temporary injunction to restrain the defendant from developing the land until it obtained a positive environmental impact assessment, causing excessive noise and dust pollution from his property.
The applicant contended that the defendant was interfering with its right to a clean, safe and secure environment and, that the plaintiff’s tenants were unable to occupy the plaintiff’s premises due to nuisance and pollution on the defendant’s property.
The court determined whether the plaintiff had the necessary locus standi.
The court noted that non-compliance of statutory provisions or conditions made there were of a public nature and could have been dealt with by reporting to the Nairobi City Council officials,and the Commissioner of Lands. It was further noted that the grievances on non-compliance with provisions relating to environmental impact assessments should have been dealt with by the National Environmental Management Authority. For these reasons, the court held that the plaintiff lacked locus standi to institute the suit. Consequently, the application was dismissed with costs.
Endere v Karen Roses Ltd (2006) 1 eKLR (E&L) (Civil Case 298 of 2005); (31 March 2006); EL Index Injunction Injuctions and interdicts Civil Remedies Environmental damages Environmental remedies Pollution and waste management offences Criminal offences in environmental law Environmental law Healthy environment Substantive rights Human Rights Environmental impact and risk assessment Environmental decision-making Environmental law |
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