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
JAMES TOROTICH KISA & 3 others v CITY COUNCIL OF NAIROBI [2010] eKLR (Miscellaneous Civil Application 55 of 2008); (18 February 2010); 
Judicial Review Appeals and reviews Civil Procedure Abuse of Process Conduct of proceedings Civil Procedure Land use Human exploitation of the environment Environmental law EL IndexThis was a judicial review application against the decision of the respondent to approve the alteration of use of the suit land from residential to office premises. The applicants sought orders of certiorari quashing the decision and prohibition, prohibiting the user from further excavation and construction on the land as well mandamus to compel the respondents to exercise its statutory duty in ensuring no further excavation and construction is done.
The court found that applications for judicial review were brought in the name of the Republic, since a judicial review is a mechanic whereby the state checks on the excesses of its officers and public bodies in performance of their administrative duties. The court noted that the application was not brought in the name of the republic and held that the case was not properly instituted.
Additionally, it was found that all parties affected by the judicial review proceedings such as National Environment Management Authority (NEMA) were not served in accordance with Order 53 r 3(2) of the Civil Procedure Rules which was fatal to the application. As such, although there was no evidence of compliance with s 59 of the Environmental Management and Coordination Act 1999 as well as regulation 17 of the Environmental (Impact Assessment and Audit) Regulations 2003 by NEMA and the user, court could not make any finding as to do so would amount to condemning NEMA unheard.
Accordingly, the application was struck out.
Cafca Limited v Reserve Bank of Zimbabwe (HC 3945/08) [2010] ZWHHC 186 (14 September 2010); EL Index Injunction Injunctions and interdicts Civil Remedies Minerals, oil and gas Minerals and energy Environmental law Land use Human exploitation of the environment Environmental law
Dlamini v Swaziland Government (509/2004) [2010]SZHC 258 (05 February 2010); EL Index Injunction Injunctions and interdicts Civil Remedies Declaratory Relief Civil Remedies Land use Human exploitation of the environment Environmental lawMavimbela & 4 Others v Zwane & Another (3028/06) [2010]SZHC 262 (15 February 2010); EL Index Injunction Injunctions and interdicts Civil Remedies Land use Human exploitation of the environment Environmental law |
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