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CENTER FOR PUBLIC INTEREST LAW AND ANOR V. TEMA OIL REFINERY

(2007) JELR 91705 (HC)

High Court  •  SUIT No. E12/91/07  •  20 Sep 2007  •  Ghana

Coram
HIS LORDSHIP F.G KORBIEH, J.

Appearances
Agyabeng Akrasi for the defendant/applicant Dr. Dominic Ayine (with him James Agalga) for the plaintiffs/respondents.

Judgement

RULING

KORBIEH, J.

The 1st plaintiff/respondent herein, according to their own statement of claim, is “a not-for-profit non-governmental organization duly incorporated and limited by guarantee and is primarily engaged in the promotion of human rights and public interest litigation”. The 2nd plaintiff/respondent is “an indigene of Tema and a resident of Tema Manhean in the Tema Municipality”. The defendant/applicant is a limited liability company set up and owned solely by the government of Ghana to refine crude oil into petroleum products for national consumption. On the 13/6/2007, the plaintiffs issued a writ against the defendant claiming the following reliefs:

 (a) A declaration that the defendant was negligent in spilling oil into the Chemu lagoon;

 (b) A declaration that the oil spillage into the Chemu lagoon is a violation of the rights of the inhabitants of Chemu particularly the rights of those who are settled along the banks of the lagoon to a clean and healthy environment under…

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