Court restrains 2BN from shooting bullets unto man’s 20-acre land

The High Court at Sekondi has perpetually restrained the commander and officers of the 2nd Battalion Infantry at Takoradi from shooting bullets into a 20-acre land at Whindo-Apremdo owned by a businessman, Kingsley Nana Poku.

The court noted that it is not in any way ordering the military to cease its training activities but urged them to adopt protective measures, including increasing the height of its stock butt, to protect residents and stop the infringement on the plaintiff’s right to enjoyment of his property.

This plaintiff, who is the owner of Kingspok Construction Limited, instituted this action against the commanding officer, seeking, among others, a perpetual injunction directed at the military for shooting bullets into his land holding forty (40) housing units.

Per the court document available on Dennislaw and reviewed by our Research Desk, the military had recruited recruits whose shooting trainings were reaching the development on the plaintiff’s land, with bullets landing there now and then.

After several complaints about the activities, both parties walled their respective lands, yet the bullets were still landing on his land, putting residents’ lives in danger.

The defendants, however, denied the claim and told the court that they have constructed a stock butt that prevents the bullets from going onto the plaintiff’s land amidst the various cautions it gives to residents before such exercises to safeguard lives.

However, in its judgment, the court, presided over by His Lordship Dr. Richmond Osei Hwere, made a finding of fact that indeed bullets from the defendant’s recruits have been reaching the plaintiff’s land now and then.

Additionally, the court held that the defendants had trespassed on the plaintiff’s land and awarded general damages of GHC 40,000 and a cost of GHC 15,000 in favor of Kingsley Nana Poku of Kingspok Construction.