Prah Vrs Akotsia and Another [2022] GHADC 133 (21 October 2022)

Prah Vrs Akotsia and Another [2022] GHADC 133 (21 October 2022)

Plaintiff failed to prove on a balance of probabilities that defendants caused damage to his sea defence wall or trees, failed to provide evidence of damages, and constructed the sea defence wall in contravention of applicable bye-laws without lawful authority. Reliefs sought cannot be granted as plaintiff did not comply with statutory requirements and failed to substantiate claims.

Citation
[2022] GHADC 133
Parties
Plaintiff: Azulo Prah; 1st Defendant: Nana Akotsia; 2nd Defendant: Egya Awortwe
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 October 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's suit dismissed in its entirety.
Legal Topics
Nuisance, Damages, Injunction, Coastal Management, Public Trust Doctrine
Source Language
English
Property Law Environmental Law Tort Law Nuisance Damages Injunction Coastal Management Public Trust Doctrine

Case Brief

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Parties

Azulo Prah

Plaintiff

Nana Akotsia

1st Defendant

Egya Awortwe

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether defendants tied their canoes to the trees and sea defence wall at the beach at the frontage of plaintiff’s premises
  2. 2 Whether defendants caused damage to the plaintiff’s sea defence wall or trees
  3. 3 Whether the damage caused is valued at Ghc100,000.00

Ratio Decidendi

Plaintiff failed to prove on a balance of probabilities that defendants caused damage to his sea defence wall or trees, failed to provide evidence of damages, and constructed the sea defence wall in contravention of applicable bye-laws without lawful authority. Reliefs sought cannot be granted as plaintiff did not comply with statutory requirements and failed to substantiate claims.

Court Disposition

Plaintiff's suit dismissed in its entirety.

Orders

  • Plaintiff to pay costs to defendants in the sum of GH¢3,000 with interest at prevailing bank rate until fully paid.