ALFRED A. AKKO AND MRS. CECILIA AKKO (PLAINTIFFS) vs. MR. ANTHONY NAMOAH (DEFENDANT) [2010]DLHC7389

ALFRED A. AKKO AND MRS. CECILIA AKKO (PLAINTIFFS) vs. MR. ANTHONY NAMOAH (DEFEND... [2010]DLHC7389

Date	2010-08-05
Suit No.	SUIT NO. E2/108/08
Citation No.	[2010]DLHC7389

HIS LORDSHIP ROBIN B. BATU J.

[2010]DLHC7389
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													<main id="main" class="content" style="min-height: 60rem" >ALFRED A. AKKO AND MRS. CECILIA AKKO<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>MR. ANTHONY NAMOAH<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT, SEKONDI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">SUIT
NO. E2/108/08&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; &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: 5TH AUGUST, 2010<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS LORDSHIP ROBIN B. BATU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>The claim of the
Plaintiffs is for”— <o:p></o:p>“An order directed against the
defendant to abate the sanitary nuisance he has created in his house which
nuisance has created stench and offensive ordour in the plaintiffs’ house”. <o:p></o:p>The defendant
counterclaimed for the harassment of himself and his wife by the second
plaintiff particularly:— <o:p></o:p>a.
Constantly reporting them to City Council with false and unfounded allegations.
<o:p></o:p>b.
Reporting them to the Police on trumped-up charges. <o:p></o:p>c.
Pouring libation everyday and cursing the defendant’s wife that she should die.
<o:p></o:p>d.
Engaging people to chisel and excavate the retention wall erected by the
defendant <o:p></o:p>e.
Having the grounds around the defendant’s house dug up at night especially
after midnight. <o:p></o:p>f.
Having the drive way dug up to make the defendant’s house inaccessible by
vehicles. <o:p></o:p>g.
Having acid thrown into the defendant’s curtains to destroy the curtains. <o:p></o:p>h.
Having nails scattered in the defendant’s drive way to destroy vehicle tyres
and make access in and out of the defendant’s house impossible. <o:p></o:p>i.
Spraying mud on the access road to make it slippery and thereby make the drive
way inaccessible. <o:p></o:p>j.
Insulting any body who seem to be approaching the defendant’s house and
threatening to pour acid on defendant’s visitors. <o:p></o:p>k.
Insulting the defendant and accusing him of defilement to a whole gathering
without any provocation. l. Falsely reporting defendant to S.A.E.M.A. that
defendant had no building plans or permit for the house he was constructing. m.
Deliberately accusing the defendant of causing rainfall to drain down her plot
when her plot is downhill and is the only natural causeway of the rainfall. <o:p></o:p>I must pause here to
observe that of all the particulars mentioned, no evidence whatsoever came from
the defendant on c, d, e, f, h, k. and I. On ‘g’, the alleged nail scattering
on the road, his evidence is that that was done by plaintiff’s children and
grand children. There is no corroborative evidence on this: On ‘I’, insulting
any body who seems to be approaching the house, he led no evidence on this
himself but called Rebecca Ennin (D. W. 6) who calls his wife variously as
sister and aunt and Paa Kojo (D. W. 7) who calls his wife a cousin to support
his case. D. W. 6 says she visited the defendant and heard noise coming from
second plaintiff who was mentioning defendant’s wife’s name. Second plaintiff
stopped talking but her daughter continued. She then went to caution
plaintiffs’ daughter about interfering in adult quarrels. This resulted in a
quarrel between her and the plaintiffs’ daughter. Second plaintiff later
followed to her house and warned that if she ever comes to the defendant’s
house, she would pour acid on her face. <o:p></o:p>D. W. 2 says he goes to
the defendant’s house to work for him and sometimes repairs the road. On one
occasion, he was asked to do repairs on the road again. According to him, when
the road goes bad, the plaintiffs would not use it but when it is repaired, they
use their tipper trucks on the road thus spoiling the road. When he was asked
to do the road again, he went to the plaintiff’s daughter to leave a message
for plaintiff to contribute to the repairs on the road. This ended up in a
quarrel. <o:p></o:p>Clearly, these two were
busy bodies who elected themselves to fight a cause that wasn’t theirs. This
cannot be evidence of plaintiff insulting and threatening defendant’s visitors.
This also effectually disposes of most of the additional issues filed by the
defendant. <o:p></o:p>Defendant’s counterclaim
itself was for:— <o:p></o:p>a. Perpetual injunction restraining
the plaintiffs from harassment and insulting either by themselves, their
children, grandchildren, agents, servants and or assigns. <o:p></o:p>b. Damages for harassment and cons</main>