T. TEKPOR ENERGY LIMITED v. NATIONAL PETROLEUM AUTH
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Administrative Law
- Environmental Law
- Commercial Law
- Constitutional Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court refused T-Tekpor Energy Limited's application to lift the suspension on its operations. The court held that the National Petroleum Authority (NPA) acted within its statutory duty to protect public safety and that the Plaintiff failed to demonstrate the hardship it would suffer if the suspension continued.
RULING
i. Introduction:
[1] T-Tekpor Energy Limited is a Company registered under the laws of Ghana and describes itself as being in the business of selling petroleum products including liquefied petroleum gas (LPG) with many outlets in the country. The suit which has triggered the instant application is in regards to the Company’s outlet located at Afariwaa Junction within the Ashaiman Municipal Assembly in the Greater Accra Region within Communities 21 and 22, Tema. The Company (Applicant) is in Court because the National Petroleum Authority (NPA) has by a letter dated November 7, 2018 suspended its operation at the said location on the grounds that the Company’s operations pose a risk to two schools located within the proximity of its activities and the residents of the area.
[2] The recent gas explosions in the country seem to have been the catalyst for the protests of citizens of the area which culminated in the letter referred to above and therefore there are some who might see in this case as an illustration of what in popular western culture is referred to as “NIMBYISM” (Not In My Backyardism) where residents oppose the proximity of construction, settlements or infrastructure etc. on the grounds of perceived potential harm to the community. It could also be seen as citizen mobilization and action to avert catastrophes that have happened elsewhere.
[3] Order 25 r 1 of CI 47 stipulates that the court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether or not to grant an order of interlocutory injunction it has been held that the court would consider the justness and convenience of the order[1].
[4] Drawing inspiration from the provision of the law cited herein, learned Counsel for the Plaintiff/Applicant to whom I refer simply as the Applicant has filed in this court on November 27, 2018, an application praying for:
“… an order of this Honourable Court directing Respondent to lift suspension on operation of Gas Filling station and supply of gas products upon grounds set out in the accompanying affidavit”
ii. The case of Plaintiff/Applicant:
[5] Speaking to the motion, learned Counsel for the Applicant, Mr. Barfo-Bonney relied on all the averments as set out in the original accompanying affidavit filed on December 10, 2018 a