C.F.C. CONSTRUCTION COMPANY AND OTHERS vs. ACCRA CITY COUNCIL

JUDGMENT OF ARCHER J. The plaintiffs in this suit claim (1) damages and (2) interim injunction to restrain the defendants, their servants or agents, from the countinuance or repetition of the nuisance being committed by them in dumping garbage and refuse alongside or near the plaintiffs’ property or the committal of any nuisance of a like kind in respect of the said property. The first plaintiff, the C.F.C. Construction Company (West Africa Limited), is the sub-lessor of numerous houses on the C.F.C. residential estate, Tesano, Accra which it has leased to various sub-lessees including the second and third plaintiffs. The first plaintiff is also an occupier of several houses on the same estate. The gist of the case of the plaintiffs is that from the commencement of the month of April 1964, up to the date of issuing of the writ of summons, the defendants (who I shall henceforth refer to as the council) have constantly caused offensive and pestilential smells and vapours to come in.....