MARY ABDULAI v. MR. CUDJOE AND AGONA EAST DISTRICT ASSEMBLY

JUDGEMENT

The Plaintiff is seeking the following reliefs.

a. A declaration that the 1st defendant is not entitled to keep his building in such a

manner as to turn the rain water falling therein onto Plaintiff’s dwelling house.2

b. A declaration that the 1st defendant is not entitled to keep his building in such a

manner as to infringe on Plaintiff’s right of way.

c. An order of perpetual injunction restraining the 1st defendant by himself, his

agents, assigns privies workmen etc. from continuing to maintain the poultry farm

and keep his said building and other structures so as to be nuisance to the Plaintiff.

d. An order directed at the 1st defendant to demolish any structure or building which

is a source of nuisance to the Plaintiff.

e. An order of perpetual injunction restraining the 2nd defendant from issuing a

building permit to the 1st defendant in respect of the building complained of.

f. Damages for nuisance against the 1st defendant.

g. Damages for negligence against the 2nd defendant.

In the statement of claim the allegation of plaintiff which are essential to the claim are as

follows:

5. For some time now the present, the 1st Defendant constantly caused offensive and

pestilential smells to come onto and be on and about Plaintiff’s said dwelling house.

6. The said smells and vapours are caused and come from a poultry farm erected by the

1st Defendant on his premises knowing very well that the neighborhood is a residential

area.

7. The birds from the poultry farm of the 1st Defendant are made to stray during the

daytime and they come onto the dwelling house of the Plaintiff and defecate all over the

dwelling house creating an eyesore.

8. The nuisance had steadily continued ever since and it especially objectionable anytime

it rains.

9. Furthermore, in or about the year 2018, the 1st Defendant commenced the construction

of a story building on portion of his land. The said structure is so built that the eastern3

portion thereof abuts the western portion of Plaintiff’s wall and the distance between the

two erections is so narrow that criminals can easily scale over plaintiff’s wall and come

into her dwelling house.

10. Again the gable of 1st Defendant’s building has been slopped towards Plaintiff’s

dwelling house and when the said building is eventually roofed, rain falling on the roof

would flow on to Plaintiff’s dwelling house no matter what.

11. Not only that, 1st Defendant’s building has covered portions o