AUGUSTA AKWELEY ANNANG vs. ACCRA METROPOLITAN ASSEMBLY AND MAJOR (RTD.) AWUAH [2015]DLCA4793

Date	2015-07-09
Suit No.	CIVIL SUIT: NO: H1/221/2013
Citation No.	[2015]DLCA4793

KUSI-APPIAH (J.A.) - PRESIDING

DORDZIE (MRS.) (J.A.)

MENSAH (J.A.)

[2015]DLCA4793
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													<main id="main" class="content" style="min-height: 60rem" >AUGUSTA AKWELEY ANNANG<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ACCRA METROPOLITAN ASSEMBLY AND MAJOR
(RTD.) AWUAH&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; 
(DEFENDANTS/RESPONDENTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL SUIT: NO:&nbsp; H1/221/2013&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: 9TH JULY, 2015<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>KUSI-APPIAH, J.A.:<o:p></o:p>The
only issue that arises for determination in this appeal is whether the High
Court, Accra, Land Division was right in holding that the appellant’s action,
having not been commenced within the period prescribed by Section 127A of the
Local Government Act, 1993 (Act 462) was statute barred. <o:p></o:p>The
appellant’s claim in the High Court (Land Division) Accra was for:<o:p></o:p>“a.&nbsp;
special damages<o:p></o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Cost of building destroyed ¢1,563,750.00<o:p></o:p>ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Cost of valuation<o:p></o:p>b.&nbsp;&nbsp;
General damages<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
Perpetual injunction restraining defendants from carrying on any demolition on
plaintiff’s land without due process of law.<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Order
that the plaintiff be granted her building permit by 1st defendant.<o:p></o:p>The
facts relied on by the parties to establish their respective cases were not
complicated.&nbsp; The appellant’s case was
that she is the owner of plots of land situate and lying at Okpobi Gonno, Teshie
in Accra.&nbsp; The appellant claimed to have
acquired her land from Numo Adjei Kwankwo II, the Osabu and Ayiku Wulomo of
Teshie, Accra, the head of Tsie We family as well as the Kle Musum Quarter.&nbsp; She averred that in the year 2002, she built
a house at her said land at Okpobi Gonno, Teshie Accra.<o:p></o:p>According
to the appellant she applied for a building permit before commencing
development on the land.&nbsp; She contended
that on 28th June, 2002 the 1st defendant/respondent wrote Remove by AMA on her
building.&nbsp; That on 29th June, 2002, the
1st respondent (AMA for short) acting through the 2nd respondent and some of
its officials went onto her land with bulldozers and other machines and
demolished all the structure thereon.&nbsp;
The appellant further claimed that the respondents herein carried out
the demolition exercise in fragrant breach of the Local Government Act, 1993
(Act 462).<o:p></o:p>The
respondents resisted the appellant’s claim.&nbsp;
In their statement of defence filed on 6th February, 2008, the
defendants now respondent deny liability either in special or general damages
or at all.&nbsp; The respondents contended
that the appellant’s structure was demolished after notices were inscribed on
the structure because it was not covered by a building permit and therefore it
was unauthorized.<o:p></o:p>The
respondent further contended that the stop work, produce permit notices were
inscribed on the structure because the appellant and her workers were not met
at the site during the respondents inspection.&nbsp;
By paragraphs 9 and 10 of their statement of defence, the respondents
rely on the provision of the Local Government Act 1993 (Act 462) which enjoined
the appellant to have instituted this action within twelve (12) months of the
occurrence of the act complained of.<o:p></o:p>The
gravamen of the respondents defence is that he appellant’s action having not
been commenced within the period prescribed by Section 127A of Act 462, is not
only statute barred but also a nullity.<o:p></o:p>Pleadings
were filed and exchanged.&nbsp; Each side
adduced evidence.&nbsp; After considering the
evidence the learned Judge, Ocran J. held that the plaintiff’s action was
statute barred and dismissed plaintiff/appellant’s action accordingly.<o:p></o:p>The
learned trial Judge at page 53 to 56 of the record and at the last paragraph of
page 4 of the judgment concluded that:<o:p></o:p>“Since the plaintiff commenced this
action in 2007 which is more than 12 months after the building of the plaintiff
had been demolished, I hold that the plaintiff’s action was statute barred by
Section 127A of the Local Government Act, 1993 (Act 462) having held that the
plaintiff’s action commenced in 2007, no useful purpose would be served by
going into the merits of the other issues set down.”<o:p></o:p>It
was as a result of that decision that the appellant has now appealed to this
court as follows:<o:p></o:p>