January 28, 2022
COURT OF APPEAL
GHANA
CORAM
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.
RICHARD ADJEI-FRIMPONG JA:
This dispute arose out of the operation of two private businesses, incidentally, on two adjoining plots of land at Ayeduase Kumasi. The appellant operates a fuel station in the name Pacific Filling Station whilst the respondent runs a school, Peace and Love Preparatory School.
According to the respondent, the appellant had encroached upon a distance of 10 feet into her land. Not only that, the appellant’s station has also blocked the entrance of the school and is so close to it that, the station poses danger to the school and its pupils. She also claims that the appellant is operating the station illegally. She filed her writ at the court below for the following reliefs:
a. Recovery of possession of about ten feet of land forming part
of plaintiff’s 1.39 acre land situate off the Ayeduase main road
b. Damages for trespass
c. An order compelling defendant to stop operating the illegal fuel
station at the entrance of the plaintiff’s school
d. An order directed at the defendant to remove all his equipment from the site
e. An order of demolition of all physical structures at the of the
plaintiff’s school
f. A perpetual injunction restraining the defendant, his servants, workmen and privies from citing a fuel station at the main entrance to the plaintiff’s school
g. A declaration that citing a fuel station so close to a school is dangerous.
To substantiate the reliefs sought, the respondent pleaded that she acquired her plot of land No. 14 Block F, measuring 1.39 acres from the Ayeduase stool having paid GHS 18,000.00 for it. The land shared common boundaries with Ayeduase cemetery, the Ayeduase—Kotei main road, Amin Bonsu Hostel and the properties of Billy, Billy’s sister, Asuma and one Burger. She set up the Peace and Love School some 15 years ago.
She further pleaded that seven years ago, she noticed that the appellant had started selling petrol from drums at a spot in between the main entrance of the school and the Ayeduase main road. The spot was the only designated entrance to the school from the Ayeduase—Kotei main road and the only entry and exit point to the school.
She reported the situation to the authorities at the Kumasi Metropolitan Assembly for redress and later to the police command following which the appellant was ordered to stop his activities and remove his equipment from the site. The appellant however refused to comply. Rather, he started installing pumps and underground tanks and also commenced th