KOJO BAAH V. GHANA WATER COMPANY LIMITED
(2016) JELR 107107 (HC)
High Court
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BMISC 377/2014
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29 Jun 2016
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Ghana
Coram
AFIA SERWAA ASARE-BOTWE (MRS.)
Appearances
MR. ROBERT PAPPOE FOR THE PLAINTIFF PRESENT;
MR. OSEI KWAKU FOR THE DEFENDANT ABSENT WITH A LETTER PRAYING FOR AN ADJOURNMENT TO A NEW DATE FOR JUDGMENT.
Judgement
<p> </p><p> </p><h2 class="ql-align-center">JUDGMENT </h2><p><strong>ASARE-BOTWE (MRS.), J.</strong></p><p>On the 10th of February, 2014, the Plaintiff issued a writ of summons claiming against the defendants jointly and severally for the following reliefs; </p><p>a) A declaration that the Defendant’s action of siting pylons and high tension cables on and over Plaintiff’s property being and situated at Wedukum near Dodowa without Plaintiff’s consent constitutes trespass to Plaintiff’s property. </p><p> </p><p>b) A Declaration that the Defendant’s action of siting pylons and high tension cables on and over Plaintiff’s property, an area not acquired, marked and zoned for such purpose and their attendant health risks constitutes nuisance to the Plaintiff and his family. </p><p> </p><p>c) Damages for nuisance and or trespass to Plaintiff’s land. </p><p>d) Perpetual injunction on Defendants workers, servants and agents preventing same from carrying out live operation on the high tension cables over plaintiff’s property. </p><p> </p><p>In the alternative </p><p>e) An Order for the Defendants to value and purchase the proper…</p>