LEADCON GHANA LIMITED AND HTG MANAGED SERVICES LIMITED vs. MRS. DORIS NYANTA ASSABIL, THOMAS F. G. INSAIDOO, ALBERT MENSAH, RITA MANU AND HARRIET MANU

MARIAMA OWUSU, JSC: On 16th day of March, 2018, the Circuit Court, Kumasi in an application for an Interim Injunction ruled that: “As said the people who are directly to be affected by the citing of the mast in the Anwomaso area include the plaintiffs and several others not part of this suit. The plaintiffs are apprehensive of the likelihood health hazards the project might bring to them. This cannot be adequately compensated in future if same is not dealt with today. I agree also that defendants might have expended money and other resources to procure the various permits but we shall not sacrifice the health of the people in the area at the expediency of monetary loss. I hereby grant the application. The defendants are restrained in the interim from hoisting the tower until the final determination of the suit.” Dissatisfied with the ruling of the Circuit Court, the defendants appealed to the Court of Appeal on the following grounds: i. The court misdirected itself of the ...