Private Law Theory

ABSTRACT
Recently, Africa has found herself at the frontline of the climate crisis. The continent has absorbed the consequences of a warming planet while her contribution to the same are negligible. This presents an inequitable paradox, that is, responsibility without culpability. It is against this backdrop that new era of legal mobilization – climate litigation – has risen. Climate litigation, defined in Black’s Law Dictionary as ‘judicial or quasi-judicial proceedings that raise issues of law or fact relating to climate change’, has become an indispensable tool for advancing environmental justice. This paper explores the emergence, significance and challenges of climate litigation across the African continent. It aims at evaluating the jurisprudential foundations of climate litigation, landmark cases, doctrinal principles such as the precautionary principle, intergenerational equity, corporate duty of care, inter alia. Furthermore, it examines barriers to environmental justice and the promise litigation holds for communities threatened by environmental degradation. As rising tides sweep across the coastal regions and arid zones expand inland, so too do legal claims arise too – asserting the right to a safe climate, sustainable environment and a life full of dignity.

Ochieng, Glen, Climate Litigation in Africa: Rising Tides, Rising Claims (August 22, 2025).