Forty-eight residents of New Achimota, a suburb of Accra, have taken legal action against a concrete manufacturing company and four others over the lease of a parcel of land to that company for business.
The plaintiffs are praying the Fast Track High Court to declare the lease of the land to G and E Group Limited as illegal and a health risk to residents and students of the St John’s Grammar Senior High School in Accra.
Joined to the suit are the Ghana Education Service (GES), the Board of Directors of the St John’s Grammar Senior High School, the Environmental Protection Agency (EPA) and the Ga East District Assembly.
The plaintiffs are urging the court to perpetually restrain G and E Group Limited from operating a pre-mix concrete factory or similar business at its present location at St John’s, New Achimota.
They also want the court to stop the EPA and the Ga East District Assembly from granting permit to G and E Group Limited to operate a pre-mix concrete business or similar business at St John’s, New Achimota, Accra.
The plaintiffs are pleading with the court to direct the EPA and the Ga East District Assembly to abrogate the lease agreement between themselves and G and E Group Limited since that agreement was unlawful.
Another relief being sought by the plaintiffs is a declaration that the operations of G and E Group Limited without valid permits in a purely residential area would have dire and serious consequences on the residents and students.
A declaration that the lease of part of the school to the company by the Board of Directors of the St John’s Grammar School as unlawful and invalid, is also being sought by the plaintiffs.
Statement of Claim
A statement of claim accompanying the writ of summons filed on behalf of the plaintiffs by Akufo-Addo, Prempeh and Co., legal practitioners, indicated that G and E Group Limited had leased a parcel of land belonging to the school to construct a pre-mix concrete factory and had since begun operations.
“The plaintiffs say that the negative impact of the operations of the first defendant on their lives and that of their family members is serious. It is the result of noise, solid waste accumulation, waste oil generation, dust generation, emission of particles of cement, vehicular traffic, among others,” the statement of claim averred.
According to the plaintiffs, the GES and the Board of Directors of the St John’s Grammar Senior High School should have known that the purpose for which they leased a portion of the land to the company would cause a lot of nuisance and pose health risks to residents and students
The plaintiffs are arguing that the operations of the company breached the laws of Ghana and for that reason, should be prevented from continuing with its operations.
‘Plaintiffs say unless and until stopped by this court, the first defendant will continue with its operations to the detriment of residents of the area where its operations are carried on,” the statement of claim added and accordingly prayed the court to grant the reliefs sought.
The first defendant is G and E Group Limited.
Injunction
Meanwhile, the plaintiffs have filed an application for perpetual injunction seeking to restrain the defendants from taking any action that would undermine the case until its final determination.
Hearing of the application has been slated for Friday, July 10, 2015.
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