Kasanka Trust Ltd and Ors v Gulf Adventure Ltd and Ors (HP 1280 of 2021) [2022] ZMHC 2 (25 January 2022)

The Plaintiff applied for an order restraining the First and Second Defendants to cut down trees, cultivate crops, abstract water from the Luwombwa River or fence off further developments in the Kafinda Game Management Area (“Kafinda GMA”). The Plaintiff manages the Kafinda GMA together with the Department of National Parks and Wildlife.

It was put forth that the First Defendant was granted permission to set up a wildlife sanctuary and that it has occupied more than 5000 hectares of land located in the Kafinda GMA. It was also put forth that the First Defendant had significantly encroached in the Kasanka National Park by fencing and introducing species of animals that are not native to that area. It was put forth that the Defendant had cleared over 5 hectares of riparian water berry trees thereby destroying riverside habitat in the GMA’s landscape. It was further argued that the Defendant has commenced large scale commercial farming in parts of the GMA and has cleared in excess of 860 hectares of native forest in the Kafinda GMA.

The court held that the Plaintiffs do not have to prove that damage is being occasioned to the environment by the activities of the Defendants. It held that the injunction in these circumstances will have the effect of protecting the environment from any further damage, which cannot be atoned for by damages. It ordered that the Plaintiffs are entitled to an order of an interim injunction until the rights of the Parties have been properly and finally determined by the Court.