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RULING
This is a Motion on Notice for Mandatory Injunction pursuant to Order 25 Rule 1 of C. I. 47.
The said Motion is for the Court to Order Plaintiff/Respondent (hereinafter referred to as Respondent), his Workmen, Agents, Heirs and Associates to remove its Four (4) ton tower crane mounted at Defendant/Applicant’s (hereinafter referred to as Applicant) depot in Tema.
I have read through the Motion Paper, Affidavit in Support and attached Exhibits and Applicant’s Statement of case. I have also read through the Affidavit in Opposition and Respondent’s Statement of Case.
The Court is minded to grant the instant Application. This is because both Applicant and Respondent in the averments in their various Affidavits admit that the crane posed a danger at the construction site; as it could lead to loss of lives of the Workers and Visitors at the site as well as cause damage to the storage tank under construction in the event that the boom of the crane swings and hits the said storage tank anytime there are strong winds and or rainstorms.
The Court is of the opinion that awarding damages would not be enough as compensation should Defendant win the Suit. See the case of American Cynamid Company Vrs. Ethicon Limited [1975] 1 ALL ER 504 @ 510.
Another reason for granting the instant Application is that considering the aforementioned dangers, it is just and convenient for the Court to do so. See the case of Namih Vrs. Ghassoub & Anor. [1962] 1 GLR 54 – 60.
Due to the aforementioned dangers posed at the site, the Court is of the opinion that Applicant has a right to preservation which ought to be protected by the Court.
The instant Application is granted. The Respondent, its Workmen, Agents, Heirs and or Associates is or are hereby ordered to remove the Four (4) ton tower crane mounted at Applicant’s depot in Tema within one (1) week from today (that is, by 19th May, 2023).
The Court hereby Orders that Officials of NADMO and Ghana Police to be involved during the said removal.
The Court further Orders that J. B. Global Lifting also be involved in the said removal to test the concrete prepared for mounting the crane and to assess its suitability for the said purpose.
There will be no Order as to cost.
(SGD)
AFI AGBANU KUDOMOR, J (MRS.)
(JUSTICE OF THE HIGH COURT)