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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The 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.
This 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.