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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This was an appeal against a decision by the High Court to award the respondents compensation of N22 million, on the ground that the High Court did not have jurisdiction to try the case.
The facts of the case were that as a result of the applicant’s oil exploration activities, crude oil polluted the respondents’ farmlands, fish ponds and streams. The High Court awarded damages against the appellant who then unsuccessfully appealed to the Court of Appeal. The appellant contended that ss7(b), 7(3) and 7(5) of the Federal High Court (Amendment) Decree 60 of 1991 ousted the jurisdiction of the High Court on claims pertaining to mines and minerals, including oil fields, oil mining, geological surveys and natural gas.
The court considered whether the construction and maintenance of an oil pipeline constituted mining operations and whether the High Court lacked jurisdiction to hear such claims pertaining to mining and minerals.
The court found that the construction, operation and maintenance of an oil pipeline by a holder of an oil prospecting licence was an act pertaining to mining operations. As a result the court found that the claims fell within the exclusive jurisdiction of the Federal High Court as provided under s230(1)(a) of the Constitution (Suspension and Modification) Decree 107 of 1993. Accordingly, the court set aside the High Court decision on the ground that it was a nullity for want of jurisdiction.