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MUSAH HADAH v. MADAM AFIA SAKYIWAA

2022

COURT OF APPEAL

GHANA

CORAM

  • I. O. TANKO AMADU JSC (PRESIDING)
  • ANTHONY OPPONG JA
  • RICHARD ADJEI-FRIMPONG JA

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law
  • Environmental Law
  • Tort Law

AI Generated Summary

This Court of Appeal decision concerns neighbouring businesses in Ayeduase, Kumasi: Pacific Filling Station and Peace and Love Preparatory School. The school claimed the fuel station blocked its sole entrance, endangered pupils, was operating without proper permits from the Environmental Protection Agency and the National Petroleum Authority, and encroached into its land. The station operator asserted he held a Kumasi Metropolitan Assembly business permit, Ghana Standards Authority verification, EPA go-ahead pending a permit, and NPA approval for installation by Pacific Company Limited, and that his plot was separate. The trial court appointed experts from the Lands Commission’s Survey and Mapping Division and the EPA, ultimately finding trespass onto the access road, illegal operation, and danger to pupils, and ordering removal and injunction with costs. On appeal, only the omnibus ground—judgment against the weight of evidence—was argued. The Court of Appeal reviewed the record, found the trial judge’s conclusions supported by expert evidence, and affirmed, dismissing the appeal.

JUDGMENT