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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Trade Line Namibia (Pty) Ltd v Nambib Resources (Pty) Ltd and Another (SA3/03) [2003] NASC 14 (12 August 2003); 
Judicial Review Appeals and reviews Civil Procedure Attribution of Costs Costs Civil Remedies Declaratory Relief Civil Remedies Minerals, oil and gas Minerals and energy Environmental law EL IndexThis was an appeal against the decision of the court a quo, which dismissed an urgent application on the ground that the application was not urgent.
The court dealt with the requirements for a judgment to be appealable. The court relied on the Erasmus Superior Court Practice, A1 – 43 in formulating the requirements. First, the decision must be final in nature and not capable of alteration by the court hearing the matter. Secondly, the decision must be definitive of the rights of the parties, through granting a definite and distinct relief. Lastly, it must have the effect of disposing a substantial portion of the relief claimed in the main proceedings.
Relying on Lubambi v Presbyterian Church of Africa, the court further found that the ruling that a matter is urgent and must procced on that basis, was found not to be an appealable ‘judgment or order’ and such an order is similar to an order giving direction in regard to evidence, or referring a matter to trial. It is therefore not appealable.
In removing the matter from the roll with costs, the court held that the case was concerned with procedure and not the substance of the application.
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