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.
Read also JIFA's Environmental Country Reports for SADC
This matter dealt with an appeal from the appellate court. The applicant questioned whether an appellate court could rightly formulate issues arising from a dismissed appeal in the determination of a separate appeal in the same case.
The appellant, discovered that the access road to his garage had been blocked by a trench that had been dug across it by the 1st respondent. He claimed to have suffered damages in lost revenue during the closure of the access road and was awarded special damages jointly, against the second and third respondents.
He appealed this decision claiming to have suffered more than the general public but was denied the appeal. He claimed that that the refusal of the trial court Judge to visit the place of interest affected the outcome and that the latter court had been wrong in formulating that particular issue.
This court determined that the Court of Appeal had merely referred to the fact that a visit to the place of interest would have assisted the trial court in determining whether the trench had really caused an obstruction of such immense proportions, as alleged. The court was assessing the appellant's evidence as a whole in order to decide whether he, had in fact suffered over and above what was possibly suffered by the general public
Further that the appellant had failed to prove that he had suffered damages over and above that possibly suffered by the public, or that the first respondent had caused such damage.