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.
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Rose Amele Saka (Plaintiff) Vs. Akutey Azu & Koryoo Azu (Defendants) (AP 173/2011) [2012] UGHC 7 (01 July 2012); 
EL Index Abuse of Process Conduct of proceedings Civil Procedure Injunction Injuctions and interdicts Civil Remedies Temporary Injunction Injuctions and interdicts Civil Remedies Land use Human exploitation of the environment Environmental lawThe court considered an application requesting an order to commit the respondents for contempt of court for not respecting an interdict which restrained them from undertaking any developments on the land in dispute, until the determination of an application for interlocutory injunction.
The respondents argued that they were not in contempt since no formal order had been issued to give effect to the orders of the court. The respondents also denied developing the land in dispute. The court noted that there was no requirement for a formal order to be issued, since both parties and their counsel were in court when the order was issued.
The court considered whether the respondents willfully disobeyed the interdict order by going to the land in dispute, to work. The court found that contempt is a criminal offence, which requires an applicant to prove the case beyond reasonable doubt, and to make a prima facie case before the respondent’s defence is considered.
The court found that the evidence was inconclusive since the applicant relied on pictures of people building on the land, but failed to identify the respondents as the people in the pictures, alternatively to prove that the respondents sent the people in the pictures.
Accordingly, the application was dismissed.
Awabego v Akubayela and Another (J4/6/2016) [2016] GHASC 23 (23 November 2016); Supervisory Jurisdiction Jurisdiction Civil Procedure Declaratory Relief Civil Remedies African customary law and rights of indigenous peoples Human and environmental rights Environmental law Land use Human exploitation of the environment Environmental law EL IndexThis was a dispute over land ownership and related claims to reversionary interest compensation. Both parties sought orders declaring that they were allodial owners of the land in dispute according to tradition and customs, and that they were entitled to receive the reversionary interest compensation.
The court determined whether the allodial title to the land in dispute vested in individual families or in the appellant as the Tindana for and on behalf of the whole community.
The court held that the best way of resolving conflicts arising from traditional evidence concerning ownership of land is to test it against recent acts to see which traditional version is supported. The court found that it is widely accepted, among legal writers, scholars and practitioners, that the Tindana is the landlord or landowner. Additionally, the report of the committee to investigate a land dispute between the Tindonsobligo and the Kalbeo people explicitly stated that the Tindana was the allodial owner of land, while the people were usufucts (settler/farmers).
The court noted that the defendants Tindana status was not in dispute, and concluded that the appellant was the the allodial owner of Kalbeo land and held it in in trust for community.
Kunutsor Vrs Tetteh (H1/160/06) [2008] GHACA 35 (12 June 2008); EL Index Locus standi in environmental litigation Litigation of environmental issues Environmental law Injunction Injuctions and interdicts Civil Remedies Land use Human exploitation of the environment Environmental law Plants, forests and forestry (flora) Flora and fauna Environmental law Appeals and reviews Civil ProcedureThe court considered an appeal against an injunction to restrain the appellants from going onto the disputed land to demarcate, dig, construct etc. any tree on the land until the action had been finally determined. The court considered, 1) the weight of evidence and 2) the capacity of the respondent.
The respondent obtained a customary grant of land 22 years before the action. Later, he obtained a formal lease and was reallocated additional acres of land, which was used to cultivate cash and food crops. Due to development in the area, the respondent’s land was whittled away. The respondent alleged that the appellants trespassed on his land and undertook various activities such as alienation of portions of his land, in the premise.
On the ground of capacity, it was found that once a party’s capacity had been challenged, it should be determined as a preliminary point and the suit can only be heard after this is determined. The court held that the appellants did not raise capacity as a preliminary issue and as such, the manner in which it was raised was a ploy to confuse the trial judge.
On ground of the weight of evidence, the court found that if the injunction had not been granted, the respondents land would have been pillaged and its nature entirely changed. Thus, an injunction was necessary to ensure that irreparable damage was not caused.
The court found that the trial judge exercised his discretion properly and thus the appeal was dismissed and remitted to the trial court for continuation.
Fenu and Others Vrs Attorney General and Others (J4/40/2018) [2018] GHASC 71 (17 October 2018); EL Index Attribution of Costs Costs Civil Remedies Injunction Injuctions and interdicts Civil Remedies Use of coastal and marine areas Water and coasts Environmental law Land use Human exploitation of the environment Environmental lawThe court considered an appeal against the decision of the Court of Appeal, staying the proceedings of the High Court.
The origin of the appeal was an application for a mandatory injunction, against the respondent, for disturbing the “natural calm flow” of the Volta River, into the sea, while executing their contractual obligations (marine reclamation). The Respondent appealed 3 interlocutory applications in the High Court, which appeals were still pending.
The stay was granted to the respondents following an application for judgment to be entered against them.
The appellant raised six grounds of appeal, however the court held that the determination of one main issue would dispose of the appeal. Thus, the court had to determine whether the Court of Appeal erred in granting the stay of proceedings.
The court noted that all the interlocutory orders were on appeal before the Court of Appeal. The court found that the court of appeal was right to halt the proceedings, since the determination of the interlocutory orders could have a serious effect on the case before the High Court.
It was further noted that an order staying proceedings is interlocutory, and discretionary and should not be interfered with unless it might result in serious injustice. The court found that the appellant failed to demonstrate that the discretion exercised would result to injustice.
Accordingly, the appeal was dismissed.
Ahadzi and Another Vrs Sowah (Subst. by Samuel Nortey) and Other (J4/33/2018) [2019] GHASC 16 (21 March 2019); EL Index Supervisory Jurisdiction Jurisdiction Civil Procedure Land use Human exploitation of the environment Environmental lawThis case concerned a long standing land dispute. The appellants herein appealed against the judgement by the Court of Appeal that reversed the judgement by the High Court was which went in favour of the appellants.
The appellants claim to the land was based on purchase from a third party. In support of their case, they presented a land certificate. The defendants contended that the land claimed by plaintiffs fell within their domain, so they counter claimed for a declaration of title.
The High Court found that the respondents failed to produce sufficient evidence to prove that the land was rightfully theirs, as per the requirements of s11 of the Evidence Act of 1975. The appellants, however, proved their case.
The Court of Appeal reversed the High Court judgement, on the sole ground of a 1992 judgement that declared that the land belonged to the defendants.
The Supreme Court, therefore, had to reconsider the evidence and finally settle the dispute. The court found that a close reading of the 1992 judgement casts doubt on the correctness of the Court of Appeal’s position. It found that the 1992 judgement did not actually concern the land in question and that the Court of Appeal, therefore, erred in its finding. Further, upon review of the evidence, the court found that the balance of probabilities favored the appellants.
Accordingly, it restored the first judgement, with an adjustment to the amount of general damages.
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