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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Bogonko v National Environment Management Authority (2006) 1 KLR (E&L) (Miscellaneous Application 1535 of 2005); (20 July 2006); 
Judicial Review Appeals and reviews Civil Procedure Environmental impact and risk assessment Environmental decision-making Environmental law Public interest in environment Environmental decision-making Environmental law Urban planning Human exploitation of the environment Environmental law Minerals, oil and gas Minerals and energy Environmental law EL IndexThe applicant intended to erect a petrol station and submitted an Environmental Impact Assessment (EIA) report to the respondent for approval. The respondent did not, however, respond to the report within three months, as envisaged in the Environmental Management and Co-ordination Act. The applicant decided to proceed with the project, as permitted by section 58 (9) of the Act.
The respondent stopped the project and handed the applicant a letter to the effect that the proposal for the project had been rejected.
The applicant applied for judicial review orders and submitted that the respondent had failed to conduct public hearings to assess the acceptability of the proposal. Thus, the respondent could not interfere with the applicant’s statutory discretion under section 58 (9) of the Act.
The court had to decide whether the rejection by the respondent was binding and if the respondent had sufficient grounds for the rejection.
The court held that the remedy of judicial review deals with the process, but not the merits of the decision by a tribunal, therefore the respondent’s submission that the applicant should have appealed to the tribunal if aggrieved, was untenable.
Further, that members of the public were denied sufficient opportunity to respond and make their comments. The applicant could not blame the respondents for failing to comply with section 58 (9). The delay in giving the decision was only one month, which in view of the court, was reasonable in the circumstances.
Application dismissed.
JAMII BORA CHARITABLE TRUST & ANOTHER v DIRECTOR GENERAL NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY & ANOTHER [2006] eKLR (Tribunal Referral Net 2/3/2005); (12 April 2006); Procedural Fairness Justice and fairness Civil Procedure Attribution of Costs Costs Civil Remedies Environmental impact and risk assessment Environmental decision-making Environmental law Wildlife (fauna) Flora and fauna Environmental law Land use Human exploitation of the environment Environmental law EL IndexThis was an appeal against the decision of the respondents refusing to issue an Environmental Impact Assessment (EIA) Licence for the appellants’ housing project. The appellants asked the tribunal to set aside the decision and award costs of the appeal.
The respondents argued that they had received strong objections from members of the local community since the project was in a wildlife migratory corridor and dispersal area.
The tribunal determined whether the respondents were justified in their decision, subject to the objections, without considering if the objectives of the project could be met in absence of the project. The tribunal noted that the objecting stakeholders also found the project to be worthwhile. The tribunal found that the respondents failed by ascertaining that the views of the objecting stakeholders expressed the views of a significant section of the local community. The tribunal also found that the respondents failed to demonstrate that the potential adverse impacts could not be mitigated.
Based on these findings, the tribunal unanimously set aside the respondents’ decision and issued an EIA licence for the appellants’ project but on several conditions
Alphonsus Nkuma v Joseph Otunuya Odili (SC. 244/2001)[2006] NGSC 129 (10 March 2006) (SC. 244/2001) [1960] NGSC 1 (09 March 2006); Injunction Injuctions and interdicts Civil Remedies Land use Human exploitation of the environment Environmental law Minerals, oil and gas Minerals and energy Environmental law Supervisory Jurisdiction Jurisdiction Civil Procedure EL IndexThe court considered a final appeal against a decision by the Court of Appeal to dismiss the plaintiff’s first appeal against the judgement of the Trial Court.
The origin of this matter was a writ of summons issued to the respondent for payment of money that was deposited as compensation by a third party for their mining operations. The respondent then filed a cross-action seeking a declaration that he was entitled to the compensation and an injunction restraining the appellant’s from claiming the money.
The suits were consolidated and the trial judge gave judgement in favor of the respondent after having found that land used for the third party’s mining operations belonged to him, not the appellant. The appellant then filed an appeal which was dismissed by the Court of Appeal. Still dissatisfied, the appellant filed this final appeal calling upon the Supreme Court to review the lower court’s decision and to finally determine the matter.
The court found that the lower court adequately considered all the relevant issues. It further found that the High Court of Imo State had requisite jurisdiction to hear the case. The court noted that the appellant stretched the meaning of s 7(1)(p) of Decree No. 60 of 199, beyond reasonable limit by purporting that it ousted the High Court’s jurisdiction in matters of compensating land owners.
The court concluded that the appeal was without merit and deserving of punitive costs. The appeal was dismissed.
City Council of Manzini v Swaziland Interstate Transport Association and Another (2447/06) [2006] SZHC 112 (13 July 2006); EL Index Injunction Injunctions and interdicts Civil Remedies Urban planning Human exploitation of the environment Environmental law |
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