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CEPIL
V.
TOR

(2007) JELR 91705 (HC)

High Court 20 Sep 2007 Ghana
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- The High Court refused the defendant’s application to dismiss for want of capacity and reasonable cause of action, holding that both a public interest NGO and an affected individual have locus standi to bring environmental harm claims und

Case Details

Suit Number:SUIT No. E12/91/07
Judges:HIS LORDSHIP F.G KORBIEH, J.
Counsel:Agyabeng Akrasi for the defendant/applicant Dr. Dominic Ayine (with him James Agalga) for the plaintiffs/respondents.

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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