KINGSLEY KWABENA DARKO & ANOR vs MR NKETIA v& ORS
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP REBECCA N. S. SITTE (MRS)
Areas of Law
- Property and Real Estate Law
- Equity and Trusts
- Tort Law
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs, who were members of the Ghana Association of Garages, sued the association's executives and local authorities for unlawfully demolishing their properties. They sought damages and remediation. Defendants contended that the demolitions were justified by non-compliance with land use laws and executed under legitimate governmental authority. The court ruled largely in favor of the plaintiffs, awarding damages and declaring the termination of membership and demolition actions as unjustified and retaliatory.
BRIEF FACTS
Plaintiffs filed a writ of Summons and Statement of Claim against Defendants on 27th January 2010 seeking the following reliefs, jointly and severally:
a. Special damages in the form of cost of the demolished properties of : -i. GH¢1, 950. 00 for the 1st Plaintiff together with interest at the current bank rate.
GH¢1, 991. 00 for the 2nd Plaintiff together with interest at the current bank rate.
b. General damages of GH¢40, 000. 00 for 1st Plaintiff and GH¢60, 000. 00 for the 2nd Plaintiff for unnecessary hardship arising out of the fear of being attacked by armed robbers and for rendering them and their families insecure.
c. Perpetual injunction to restrain the Defendants, their agents, assigns and privies from or in any way causing any danger or harm to the Plaintiffs or their properties.
d. Prohibition against the 2nd, 3rd and 4th Defendants from any move to cause the termination of the membership of the Plaintiffs from the Association
e. Order on the 2nd, 3rd and 4th Defendants to account for the monies collected from members of the Association and particularly the Plaintiffs herein to justify their increase of monthly dues of GHc1 to GH¢10. 00f.
Plaintiffs who are artisans and members of the Ghana Association of Garages (GNAG), Zone 9, Teshie were allocated land at Teshie on land acquired for State Housing Corporation in 1993 and 2001 respectively.
Plaintiffs said they paid various fees and dues to the Association.
Plaintiffs said after their plots were allocated to them, they constructed their workshop and residences and walled their properties to provide security and privacy.
Plaintiffs aver that the Executives of the Association and other members who had earlier acquired plots had also built residences, workshops and walled their plots.
2nd Plaintiff said he later started to construct three (3) additional rooms on his plot to house his workers.
Plaintiffs aver that they challenged the Executives to account for use of monies collected from members and also sought justification for the increase of association dues from ¢1. 00 to ¢10. 00. They incurred the wrath of the Executives who vowed to “show them where power lies”. Plaintiffs claim that the Defendants especially 2nd - 4th Defendants who are Executives of the Association led 1st Defendant with a team from the Ledzokuku Krowor Municipal Assembly (LEKMA) to demolish their walls.
Plaintiffs are therefore claiming Special and General Damages against Defendants jointly and s