Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

REGIMANUEL GRAY LIMITED vs TEMA WEST MUNICIPAL ASSEMBLY

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE PATRICIA QUANSAH

Areas of Law

  • Administrative Law
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

Her Ladyship Justice Patricia Quansah of the High Court ‘B’ in Tema decided a dispute over permitting and demolition between a real estate developer and the municipal assembly responsible for planning approvals. The developer had acquired 15.72 acres in Community 14 from TDC Development Company Limited, registered with the Lands Commission, and sought to erect a fence to secure remaining plots against encroachment. At the assembly’s insistence, the developer obtained and submitted TDC’s 'No Objection' recommendation to the Sub‑Technical Committee. The assembly failed to notify approval or refusal within the three‑month statutory period and, acting through its Municipal Chief Executive, demolished the fence foundation and posted 'STOP WORK' notices. The assembly alleged the site was a road or open‑space reservation, but produced no plan or documentary evidence; its own witness admitted receipt of the application and TDC’s 'No Objection'. Applying the National Building Regulations, LI 1630, Regulation 8, the court held the application was deemed accepted, granted a declaration, injunction, mandatory order to issue formal permits, and GH¢30,000 costs.

JUDGMENT