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 application for a temporary injunction to restrain the defendant from cutting down trees, felling logs or dealing in whatever manner with the plaintiff’s land.
The plaintiff contended that the respondent had committed trespass and malicious damage to the property on his land. On the other hand, the defendant argued that it was not the registered owner of the land but had entered into an agreement with the government to harvest forest produce in government forests in exchange for royalties.
The court found that the plaintiff was the registered owner of the land and that the defendant lacked the capacity to question the validity of the plaintiff’s ownership.
It was further held that the plaintiff had established the requirements for an injunction. The plaintiff established a prima facie case with a likelihood of success against the defendant. Further, that if the relief was not granted the plaintiff would suffer irreparable loss as all the trees on his land would be cut down.
Accordingly, the application succeeded with costs to the respondents. The court issued the injunction and directed the applicant to mark out the boundaries of his land so that the respondent would excluded from its operations.
This was an application for a temporary injunction to restrain the respondent from cutting down trees, felling logs and trees remaining into or dealing in whatever manner with the applicant’s parcel of land.
The matter before the court was whether the applicant had established a prima facie case with a probability of success to entitle him to an injunction.
The court held that the definition of land includes trees which may be growing on the land and the respondent did not have the capacity to question the manner in which the applicant acquired his title deed as the validity of the title deed was not in issue.
The court held that the applicant had established a prima facie case with a likelihood of success as against the respondent and agreed with the applicant that unless the orders sought were granted the applicant would suffer irreparable loss as all the tree on his land would be cut down and ferried away by the respondent. The applicant had therefore satisfied the tests for grant of temporary injunctions. The court also held that the balance of convenience tilted in favour of the applicant.
The court granted the orders sought by the applicant and directed him to mark out the boundaries of his land if the same were not clear so that the respondent may exclude it from its operations. The court also awarded costs of the application to the applicant.
This was a review against the respondent’s decisions to set apart land on Funzi Island and grant registration titles to Pati Limited. The applicant prayed for prohibition and certiorari orders since the respondent made the decisions in excess of its jurisdiction and power.
The applicant argued that the land in dispute was forest land, and that no allotment could have legally taken place on the land unless there was a declaration that it had ceased to be forest land. The court found that when the proceedings commenced, it was assumed that the land was trust land, and despite argument, the applicant failed to adduce enough evidence to prove that the land was forest land. The land was thus declared to be trust land.
Secondly on the applicant’s disputed locus standi, the court found that the applicant’s properties were separated by about 200 metres from the disputed property. Further, the court found that even if the land was forest land, only the authorities in the Ministry in charge of the forest lands had the capacity to defend it. Consequently, it was held that the applicants lacked the requisite locus standi.
Finally, the court found that the respondent complied with the requirements in the Trust Act and dismissed the orders prayed for.
Accordingly, the application was dismissed.