KOJO BAAH (SUBST. BY JENNIFER BAAH) vs. GHANA WATER COMPANY LTD. AND CHINA GERZOUBA GROUP

The plaintiff, Kojo Baah, later substituted by Jennifer Baah, claimed ownership of a 0.34-acre parcel of land at Wedokum near Dodowa on which he had built a single-storey five-bedroom residence. He alleged that in June 2012 the defendants, Ghana Water Company Ltd and China Gezhouba Group, erected pylons and strung high-tension electricity cables on and over his property without his consent. He contended that the overhanging cables and pylons constituted trespass and nuisance, posed health and safety risks to him and his family, and substantially interfered with his quiet enjoyment of the land. He sought declarations for trespass and nuisance, damages, a perpetual injunction against live operation of the cables, or alternatively an order that the defendants value and purchase the property at open market value. Portion of judgment: paras. 2, 5-7.

AMADU JSC:- 1) This appeal emanates from the judgment of the Court of Appeal dated 29th November 2018 which affirmed wholly the judgment of the trial High Court. 2) In the High Court Accra, the original Plaintiff/Respondent/ Respondent (now substituted and hereinafter referred to as the “Respondent”) took out a writ against the Defendants/Appellants/Appellants (hereinafter referred to as the “Appellants”) for the following reliefs:- “a) A declaration that Defendants’ action of siting pylons and high tension cables on and over Plaintiff’s property being and situated at Wedokum near Dodowa without Plaintiff’s consent constitute trespass to Plaintiff’s property. b)A declaration that Defendants’ action of situating pylons and high tension cables on and over Plaintiff’s property, an area not acquired, marked or zoned for such purpose and their attendant health risks constitute nuisance to Plaintiff and his family. c) Damages for nuisance and or trespass...