[2005]DLHC7402October 21, 2005High Court

DR. RADHA HACKMAN & 2 OTHERS vs. MRS. J. S. MAXWELL & ANOTHER

In the months of June 2001 and April/June 2002, the city of Accra experienced serious flooding, which caused havoc to property of some residents and even loss of lives in some parts of the metropolis. This attracted wide media coverage and outcry by residents in the city who were seriously affected. The plaintiffs happened to be some of the victims of the floods. In their case, they blamed the defendant Mrs. J. S. Maxwell for their woes. According to them, had the defendant not undertaken some developments over a drain behind her house, which serves as the main waterway in the area, they would not have suffered the way they did during the floods. They therefore took this action on 4/7/2002 against the defendant claiming the reliefs as endorsed on the writ of summons. The plaintiffs later applied to have the Accra Metropolitan Assembly (AMA) joined in the action as co-defendants blaming them for authorizing ,or permitting the defendant to undertake the said offensive developments th...