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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Jowak Sawmills Vrs Hon. Attorney-General and Another (HI/61/2006) [2005] GHACA 24 (11 October 2005); 
EL Index Injunction Injuctions and interdicts Civil Remedies Piracy Maritime, Shipping and Admiralty Law Foreign-Owned Company Parties Civil ProcedureThe court considered an interlocutory appeal against the ruling, which the appellant contended that the High Court erred on several grounds by allowing the second respondent to continue to fell and extract timber from the subject matter of the suit, whilst the suit remained undetermined.
The Minister for Lands and Forestry decided to review all Timber Utilization Contracts due to alleged irregularities in the allocation. The cabinet gave the approval and accordingly the contracts of 42 allotees, including the appellant, was cancelled or revoked. The concession, which was revoked from the appellant, was granted to the second respondent as a replacement.
The court had to determine whether the appellant was entitled to an order of injunction.
The court relied on Order 25 rule 1(1) of C.I. 47 which states that a party who applies for injunction must show that he has a right, legal or equitable, which must be protected.
The court found that that the appellant was not entitled to an order of injunction. The court found out that the appellant’s allocation having been cancelled, he appeared by his conduct to have accepted the cancellation, and waited until the concession had been allocated to the second respondent, so he was left with no other right in the concession, which this court or the trial court could protect in his favour.
Consequently, the court was satisfied that there was no merit in the appeal and accordingly dismissed it, and affirmed the decision of the court below.
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