augusta akweley annang v. accra metropolitan assembly, major (rtd.) awuah
2015
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, (J.A.) - Presiding
- DORDZIE (MRS.), (J.A.)
- MENSAH, (J.A.)
Areas of Law
- Civil Procedure
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant sued for damages and an injunction after her building in Teshie, Accra, was demolished by AMA officials, claiming it was done unlawfully. The High Court dismissed the suit as statute-barred under Section 127A of the Local Government Act, 1993 (Act 462), which mandates a 12-month limit for such claims. The appellant argued this limitation conflicted with constitutional rights under Articles 17, 23, and 293 (1). The court held that the statutory limitation was consistent with constitutional provisions, and procedural rules must be followed when invoking court jurisdiction. The appeal was dismissed.
KUSI-APPIAH, J.A.: The only issue that arises for determination in this appeal is whether the High Court, Accra, Land Division was right in holding that the appellant’s action, having not been commenced within the period prescribed by Section 127A of the Local Government Act, 1993 (Act 462) was statute barred.
The appellant’s claim in the High Court (Land Division) Accra was for: “a. special damages i. Cost of building destroyed ¢1,563,750.00 ii.
Cost of valuation b. General damages c. Perpetual injunction restraining defendants from carrying on any demolition on plaintiff’s land without due process of law.
d. Order that the plaintiff be granted her building permit by 1st defendant.
The facts relied on by the parties to establish their respective cases were not complicated.
The appellant’s case was that she is the owner of plots of land situate and lying at Okpobi Gonno, Teshie in Accra.
The appellant claimed to have acquired her land from Numo Adjei Kwankwo II, the Osabu and Ayiku Wulomo of Teshie, Accra, the head of Tsie We family as well as the Kle Musum Quarter.
She averred that in the year 2002, she built a house at her said land at Okpobi Gonno, Teshie Accra.
According to the appellant she applied for a building permit before commencing development on the land.
She contended that on 28th June, 2002 the 1st defendant/respondent wrote Remove by AMA on her building.
That on 29th June, 2002, the 1st respondent (AMA for short) acting through the 2nd respondent and some of its officials went onto her land with bulldozers and other machines and demolished all the structure thereon.
The appellant further claimed that the respondents herein carried out the demolition exercise in fragrant breach of the Local Government Act, 1993 (Act 462). The respondents resisted the appellant’s claim.
In their statement respondent deny liability either in special or general damages or at all.
The respondents contended that the appellant’s structure was demolished after notices were inscribed on the structure because it was not covered by a building permit and therefore it was unauthorized.
The respondent further contended that the stop work, produce permit notices were inscribed on the structure because the appellant and her workers were not met at the site during the respondents inspection.
By paragraphs 9 and 10 of their statement of defence, the respondents rely on the provision of the Local Government Act 1993 (Act 462) which enjoined the appellant to