JUDGMENT
KUSI-APPIAH, J.A.
By his writ of summons filed on the 3rd day of February 2011, the plaintiff/appellant brought this action against the defendant/respondent for several declarations inter alia, an order compelling the defendant to remove its mast and base station, an injunction restraining the defendant from further operating the base station and mast near the plaintiff’s house, damages for violation of statutes and for nuisance. I will refer to the parties in the manner they appeared at the court below.
The case of the plaintiff as gathered from his pleadings and evidence at the trial was that sometime in 2008, the defendant erected a mast and base station at a location at Spintex Okpoigonno which is 29.5m in proximity to plaintiff’s house. According to the plaintiff, the defendant did not obtain his consent prior to the erection of the said mast as required by the 2006 Guidelines for Installation of Phone Mast. Neither did the defendant obtain the necessary permits from the st…