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Kasanka Trust Ltd and Ors v Gulf Adventure Ltd and Ors (HP 1280 of 2021) [2022] ZMHC 2 (25 January 2022)
An interim injunction restrained defendants' destructive activities in a Game Management Area due to likely irreparable environmental harm.
Environmental law — interim injunction — American Cyanamid test — serious question to be tried — irreparable environmental harm — adequacy of damages — balance of convenience — locus standi — water abstraction — Game Management Area protections.
Judgment
25 January 2022
Lukwanda and Ors v Zambia Airforce Projects Ltd and Ors (CAZ 8 323 of 2019) [2020] ZMCA 134 (17 February 2020)
Injunction granted to protect an environmentally sensitive aquifer; State immunity does not shield an SPV from court orders.
Environmental law — interim injunction to protect environmentally sensitive recharge area; EMA s4 right to clean environment; ZEMA Protection Order and Decision Letter; pre‑conditions (WARMA compliance, hydrological study) as conditions precedent; State Proceedings Act — SPV separate legal personality not immune; irreparable environmental harm and balance of convenience.
Judgment
17 February 2020
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