KOJO BAAH v. GHANA WATER COMPANY LTD. & ANOR
2022
SUPREME COURT
GHANA
CORAM
- PWAMANG JSC (PRESIDING)
- DORDZIE (MRS.) JSC
- AMEGATCHER JSC
- PROF. KOTEY JSC
- AMADU JSC
Areas of Law
- Tort Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Amadu JSC, decided an appeal from the Court of Appeal’s affirmation of a High Court judgment concerning electricity infrastructure encroaching a homeowner’s land at Wedokum near Dodowa. The Respondent purchased the 0.34-acre property from Gideon Ayiku Akrofi and built a five-bedroom home; in June 2012, the Appellants erected pylons and strung power lines, prompting letters, inspection, and a stalled valuation request to the Lands Commission. The High Court declared trespass and nuisance and awarded compensation and costs; the Court of Appeal affirmed. Re-evaluating the record, the Supreme Court relied on exhibits and an admission to find the lines overhung the property, confirmed trespass/nuisance liability, and rejected attempts to introduce fresh evidence. Applying substantial justice, the Court upheld compensation but varied damages, preferring the contemporaneous July 2014 valuation (GH¢530,400), ordered payment within a month, and directed that possession of the house be yielded to the Appellants upon payment.
AMADU JSC:-
1)This appeal emanates from the judgment of the Court of Appeal dated 29th November 2018 which affirmed wholly the judgment of the trial High Court.
2)In the High Court Accra, the original Plaintiff/Respondent/ Respondent (now substituted and hereinafter referred to as the “Respondent”) took out a writ against the Defendants/Appellants/Appellants (hereinafter referred to as the “Appellants”) for the following reliefs:-
“a) A declaration that Defendants’ action of siting pylons and high
tension cables on and over Plaintiff’s property being and situated at Wedokum near Dodowa without Plaintiff’s consent constitute trespass to Plaintiff’s property.
b)A declaration that Defendants’ action of situating pylons and high
tension cables on and over Plaintiff’s property, an area not acquired, marked or zoned for such purpose and their attendant health risks constitute nuisance to Plaintiff and his family.
c) Damages for nuisance and or trespass to Plaintiff’s land.
d) Perpetual injunction on Defendants, workers, servants and agents
preventing same from carrying out live operation on the high tension cables over Plaintiff’s property.
In the alternative.
e. An order for Defendants to value the property and purchase the
property from Plaintiff at the open market value.
f. Cost including solicitor’s cost”.
The Appellants filed a joint statement of defence and contested the Respondent’s action.
3)At the end of the trial, the High Court found in favour of the Respondent by granting reliefs (a) and (b) but refused reliefs (d) and (e). However, in terms of relief (c) the court proceeded to award in favour of the Respondent as follows:- “Special Damages to encompass compensation as contained in the Plaintiff’s Valuation Report tendered as Exhibit “S” valued at Seven Hundred and Seventeen Thousand, One Hundred and Twenty Ghana Cedis (Ghc717,120.00)”. The trial court also granted the declaratory reliefs sought as per costs of Thirty Thousand Ghana Cedis (Ghc30,000.00).
4)On appeal to the Court of Appeal, the Court of Appeal affirmed the judgment of the trial court albeit for different reasons. The instant appeal is from the judgment of the Court of Appeal to this court by notice filed on 5th August 2018 upon amended grounds of appeal filed on the 9thday April 2018 formulated as follows:-
“1. The Judgment is against the weight of evidence adduced at the
the trial.
2. The lower court erred by failing to adequately consider the case
of the Defenda