NAT LOMO MAINOO vs. AIRTEL GHANA LIMITED

The plaintiff/appellant brought an action against the defendant/respondent for declarations and orders compelling removal of a phone mast and base station erected near his house without his consent and necessary statutory permits. The defendant erected the mast in 2008 at Spintex Okpoigonno approximately 29.5 meters from the plaintiff's property. The plaintiff alleged the defendant failed to obtain required permits from statutory bodies including the Environmental Protection Agency (EPA), Town and Country Planning Department, and National Communication Authority, and that the mast posed health risks and caused nuisance and property devaluation. The defendant denied these claims, asserting that permits were obtained before or during operation and that no conclusive evidence exists that the mast's radiation is harmful to health.

KUSI-APPIAH, J.A.: By his writ of summons filed on the 3rd day of February 2011, the plaintiff/appellant brought this action against the defendant/respondent for several declarations inter alia, an order compelling the defendant to remove its mast and base station, an injunction restraining the defendant from further operating the base station and mast near the plaintiff’s house, damages for violation of statutes and for nuisance. I will refer to the parties in the manner they appeared at the court below. The case of the plaintiff as gathered from his pleadings and evidence at the trial was that sometime in 2008, the defendant erected a mast and base station at a location at Spintex Okpoigonno which is 29.5m in proximity to plaintiff’s house. According to the plaintiff, the defendant did not obtain his consent prior to the erection of the said mast as required by the 2006 Guidelines for Installation of Phone Mast. Neither did the defendant obtain the necessary permits from...