High Court dismisses environmental activist’s application in Victoria Falls development dispute

 Rutendo Nyeve, rutendo.nyeve@sundaynews.co.zw

THE High Court has struck off the roll an application by Victoria Falls environmental activist Mr Lawrence Benjamin Norton, who is facing a US$2,2 million defamation lawsuit from Scanner Investments (Pvt) Ltd, the developers of the upmarket Baines Restaurant in Victoria Falls.

In his ruling, High Court judge Justice Rogers Manyangadze found that Mr Norton’s application to compel further and better particulars from Scanner Investments was improperly before the court, as he had already filed a plea to the main suit.

Justice Manyangadze ruled that once a party has pleaded to the merits of a matter, the option to request further particulars falls away.

“In my view, the provisions cited above are clear and unambiguous. A request for further particulars is an alternative to pleading to the merits. Thus, where a party has pleaded to the merits, as the applicant has done, that event precludes him from requesting further particulars,” said the judge.

“It is therefore the court’s considered view that the applicant, having pleaded to the merits, cannot proceed to exercise the option to request further and better particulars. That option is no longer available to him.”

Justice Manyangadze ordered the application to be removed from the roll and directed Mr Norton to pay the legal costs incurred by Scanner Investments.

The dispute has its roots in an earlier application filed by Mr Norton in 2022 under case number HC3576/22, in which he sought to interdict Scanner Investments from continuing construction activities within what he described as an ecologically sensitive zone adjacent to the Victoria Falls Rainforest.

In that matter, Mr Norton argued that commercial developments near the Falls would “irreparably damage the ecological and aesthetic integrity” of the World Heritage site. The Zimbabwe Parks and Wildlife Management Authority (ZimParks) and the Environmental Management Agency (EMA) were cited as respondents.

In response, Scanner Investments filed a defamation and damages claim on May 16 last year, alleging that Mr Norton’s public statements and court filings had caused serious reputational harm and adversely affected the business prospects of the restaurant, which is now fully operational.

The company is seeking about US$2,2 million in damages for what it describes as historical, current and future loss of business, accusing Mr Norton of conducting a “smear campaign” that questioned the legality and environmental compliance of the development.

Mr Norton subsequently applied for further and better particulars, seeking clarity on the specific statements that Scanner Investments alleges were defamatory. According to court papers, this request followed what he described as an inadequate and dismissive initial response from the company.

However, Justice Manyangadze upheld a preliminary objection raised by Scanner Investments, which argued that the application was moot because Mr Norton had already pleaded to the merits of the defamation claim.

The company had also raised additional objections, including that Mr Norton lacked authority to depose to the founding affidavit and that his answering affidavit was defective.

The court did not rule on these points after disposing of the matter on the issue of mootness.
The case forms part of broader and ongoing tensions surrounding development in and around Victoria Falls, a designated World Heritage Site that continues to attract both investment and environmental scrutiny.

Despite the legal setback, Mr Norton maintains that his actions are driven by genuine environmental concerns. Scanner Investments, meanwhile, insists that its project complied with all statutory and regulatory requirements and that the activist’s allegations were reckless and damaging.

Source: High Court dismisses environmental activist’s application in Victoria Falls development dispute (11/02/2026)