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CEPIL vs. TOR

Center for Public Interest Law and Anor vs Tema Oil Refinery (TOR)
The Tema Oil Refinery is a company owned by the Government of Ghana established to refine crude oil into petroleum products for national consumption. Early 2007 TOR spilled a quantity of oil into the Chemu Legoon.

A resident of Tema Manhean sort the intervention of CEPIL to bring an action against TOR for spilling oil into Chemu Lagoon.

After investigations by CEPIL a writ was filed on 13/6/07 against the TOR claiming the following:

  • a declaration that the Defendant was negligent in spilling oil into the Chemu Lagoon
  • a declaration that the oil spillage into the Lagoon is a violation of the rights of the inhabitants of Chemu particularly those settled along the banks of the Lagoon to a clean and healthy environment.
  • an order enjoining the defendant to clean up the Chemu Lagoon under the supervision of Environmental Protection Agency (EPA).
  • an order of perpetual injunction to restrain the defendant from further pollution of the Lagoon.

The substantive case is ongoing in the High Court Tema. A preliminary objection was raised by the defendant challenging the capacity of CEPIL to institute this action.

A ruling was given on the preliminary objection on 20th September 2007 in favour of the plaintiffs. The Defendant however appealed against it.

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