GLOVER vs. ACCRA MUNICIPAL COUNCIL [1961]DLHC5386

Date	1961-04-05
Suit No.
Citation No.	[1961]DLHC5386

OLLENNU J.

K. OHENE AMPOFO FOR THE PLAINTIFF.

ANDOH FOR THE DEFENDANT COUNCIL

[1961]DLHC5386
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">GLOVER<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">ACCRA MUNICIPAL COUNCIL<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">[1961] GLR 186&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:<span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0"> 5TH APRIL, 1961.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

K.
OHENE AMPOFO FOR THE PLAINTIFF.<o:p></o:p>

ANDOH
FOR THE DEFENDANT COUNCIL<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

OLLENNU, J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
OLLENNU J.<o:p></o:p>In this case the plaintiff claims £G550 special damages and £G300
general damages for the demolition of his building situate at Tesano, Accra.
The basis of his claim is that the said demolition is unlawful.<o:p></o:p><o:p>&nbsp;</o:p>As most of the facts relied upon by the plaintiff are either
admitted or have not been refuted, it is well at the onset to state them very
briefly before turning to the controversial issues and the law involved.<o:p></o:p>The plaintiff was occupier of house No.C93/4 Ring Road, Adabraka,
Accra; the said house was affected by a scheme for widening the Ring Road, and
eventually the Commissioner of Lands, by letter dated the 10th November, 1959,
gave notice to him to vacate the said premises, and to do so by the 28th
November, 1959, as government urgently wanted to demolish the said building for
the purpose of widening the Ring Road. The period within which the plaintiff
was to vacate the building was by letter from the Commissioner of Lands dated
20th December, 1959, extended to 4th January, 1960. As soon as it became
apparent to the plaintiff that he would be called upon to vacate his said
premises, he commenced to erect the building, the subject-matter of this suit,
on a piece of land he owned, situate at Tesano. On the 2nd November, 1959, he
was served with notice under section 68(1) of the Municipal Councils
Ordinance1(1), to stop his building operation. That notice was admitted in
evidence in this case and marked exhibit A; it is in the statutory form, as
provided in the Second Schedule to the Ordinance. It reads:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Take Notice That you are required on or before the 9th day of
November by a statement in writing under your hand or the hand of some person
duly authorised in that behalf by you and served upon the Town Clerk, Accra, to
show cause why the unauthorised Land-crete Building of 4 Rooms, Kitchen, Bath
and Latrine (foundation concreting proceeding) which has been
constructed/executed in contravention of Section 68(1) of the Municipal
Councils Ordinance, 1953, should not stop. Dated 2nd day of November, 1959.
Sgd. For Town Engineer”.<o:p></o:p>Pursuant to the said notice the plaintiff, on the 6th November,
1959 wrote to the town clerk asking for an interview. He received no reply.<o:p></o:p>It is the plaintiff’s belief that the area Tesano, which is a long
distance away from Accra, is outside the Accra planning area under the Town and
Country Planning Ordinance2(2), and is also outside the municipal boundary, and
that no permits are required either for development and for the erection of
buildings as required by the Town and Country Planning Ordinance3(3), or the
Municipal Councils Ordinance4(4). In fact at the time the plaintiff commenced
the erection of his building on the said land and to this day there are a large
number of buildings in the area either completed or in the course of erection,
and no permits have been granted in respect of any of them.<o:p></o:p><o:p>&nbsp;</o:p>On the 26th November, 1959, the plaintiff applied to the planning
board for the Accra planning area for permission to develop his said land, but
received on the 10th December, 1959 a form exhibit C from the secretary of the
board stating that no permit could be granted to him because the site falls
outside the development area; in other words, that no permits are necessary
from the planning board for the erection of buildings on the site. In
consequence of that information, the plaintiff, jointly with two other persons
who intended building in the area petitioned the defendant council for special
permission to build in the area. In reply to their said petition the town
engineer wrote to</main>