REGIMANUEL GRAY LIMITED VRS. TEMA WEST MUNICIPAL ASSEMBLY (LC/53/2019) [2024] GHAHC 172 (18 July 2024)

REGIMANUEL GRAY LIMITED VRS. TEMA WEST MUNICIPAL ASSEMBLY (LC/53/2019) [2024] GHAHC 172 (18 July 2024)

Plaintiff lawfully acquired the land and submitted a complete building permit application with all required documents, including a 'No Objection' from TDC. Defendant failed to notify Plaintiff of approval or refusal within three months as required by law and provided no reasonable justification for refusal. Under...

Source-derived case information.

Citation
REGIMANUEL GRAY LIMITED VRS. TEMA WEST MUNICIPAL ASSEMBLY (LC/53/2019) [2024] GHAHC 172 (18 July 2024)
Parties
Plaintiff: Regimanuel Gray Limited; Defendant: Tema West Municipal Assembly
Court
ghahc
Jurisdiction
Ghana
Judgment Date
18 July 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Building Permits, Land Use Planning, Injunctions, Declaratory Relief, Administrative Delay
Source Language
en
Property Law Administrative Law Building Permits Land Use Planning Injunctions Declaratory Relief Administrative Delay

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Parties

Regimanuel Gray Limited

Plaintiff

Tema West Municipal Assembly

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Plaintiff has a leasehold interest in the disputed land
  2. 2 Whether the land constitutes a road reservation or is zoned as a reservation
  3. 3 Whether Plaintiff submitted a duly completed application for a building permit and supporting documents

Ratio Decidendi

Plaintiff lawfully acquired the land and submitted a complete building permit application with all required documents, including a 'No Objection' from TDC. Defendant failed to notify Plaintiff of approval or refusal within three months as required by law and provided no reasonable justification for refusal. Under Regulation 8 of LI 1630, Plaintiff is entitled to deemed approval, and Defendant is restrained from further demolition. Defendant must issue the formal permit and pay costs.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration that Plaintiff’s application is deemed approved under LI 1630 Regulation 8
  • Injunction restraining Defendant from demolishing or causing further demolition on the land