Taxonomies
- Case indexes > Environmental
- Case indexes > Environmental
- Case indexes > Environmental > Actors in environmental law
- Case indexes > Environmental > Actors in environmental law > Role of state in relation to environment
- Case indexes > Environmental > Criminal offences in environmental law
- Case indexes > Environmental > Criminal offences in environmental law > Private prosecutions
- Case indexes > Environmental > Environmental decision-making
- Case indexes > Environmental > Environmental decision-making > Public interest in environment
- Case indexes > Environmental > Human and environmental rights
- Case indexes > Environmental > Human and environmental rights > African customary law and rights of indigenous peoples
- Case indexes > Commercial > Property Law
- Case indexes > Commercial > Property Law > Condition and treatment of property
- Case indexes > Commercial > Property Law > Condition and treatment of property > Defective Goods
- Case summary
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This was a mediation report regarding an action commenced by the plaintiffs against the installation of a water pump and other construction works on what was believed to be customary land. The plaintiffs sought to restrain the defendant from interfering with their customary rights on the land. They contended that the water pump installation plan violated their right to the use and enjoyment of their customary land. The matter was set for mediation.
The issue for resolution was whether the project interfered with the customary land held by the plaintiffs.
An agreement was reached by the parties to the effect that the project was located in an intersection of the road reserve which was public land pursuant to the Waterworks Act and that the defendants had obtained the requisite authority to install the water pump and related works. The proposed construction of the water pump was therefore not in violation of any customary rights for as long as it was restricted within the road reserve. Accordingly, the matter was resolved.
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