ISAAC OSEI SARFO V. SAMUEL KWAME SACKEY

BY COURT;

After a prolonged and anxious consideration of this appeal we are of the unanimous opinion that the act of demolition of the plaintiff’s property was not the act of the defendant since, so to speak, there was no active instrumentality on his part with regard to the same.  We therefore apply the maxim, actus curiae nemini facit injuriam, allow the appeal, set aside the judgment of the Court of Appeal and dismiss the plaintiff’s action.

No order as to costs.

[SGD]   

W.  A.   ATUGUBA

[JUSTICE OF THE SUPREME COURT  

[SGD]    

J.   ANSAH

[JUSTICE OF THE SUPREME COURT]

[SGD]    

S.  O.  A.  ADINYIRA  [MRS.]

[JUSTICE OF THE SUPREME COURT]

[SGD]    

R.   C.   OWUSU [MS.]

[JUSTICE OF THE SUPREME COURT]

[SGD]    

J.   V. M.  DOTSE

[JUSTICE OF THE SUPREME COURT]