YAW PREMPEH
V.
GA SOUTH MUNICIPAL ASSEMBLY

(2017) JELR 107652 (HC)    
High Court  ·  SUIT No. GJ 135/15 ·  12 Jan 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
3rd defendant
plaintiffs
1st defendant
permit
2nd defendants
court
district development plans
order
plaintiffs’ pleadings
reasonable cause of action
reliefs
statement of claim
building permit
conduct
plaintiffs’ area
re kumi
statutory authority
west coast dyeing industry limited
2glr561 ca
2nd defendant
above provisions
authority
building permits
case of the applicant
civil procedure
construction of its worship centre
court finds
district assembly
high court
justice gifty dekyem
light
local government act
orderly planning of the area
plaintiffs state
residential area
statutory body
trial judge
trite learning
writ of summons

JUDGMENT 

Plaintiffs per their writ of summons are seeking

a) a declaration that the conduct  of the 1st and 2nd Defendants is unlawful,

b) general damages,

c) an order for  perpetual injunction restraining the 3rd Defendant, its privies and or assigns from  putting up a church in the Plaintiffs’ area and

d) costs.

The statement of claim  indicates that, Plaintiffs are residents of North Gbawe, Zero House Area, Accra.  The 1st Defendant is responsible for the orderly planning of the area whilst the 2nd Defendant among other things is responsible for the control of noise in the area.  3rd Defendant is a church that has commenced construction of its worship centre in Plaintiffs’ area and Plaintiffs state that, a permit has been granted to 3rd Defendant (to construct). Plaintiffs state also that their area has been rezoned  without any recourse to the interests in their properties and also that, same was  done surreptitiously and clandestinely. Plaintiffs contend also that, the conduct o…

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