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Emma. v. Asare vs. Ga District Ass.

The Greater Accra Region is generally low lying and some areas are flood prone during the rainy season. One of such areas is known as Mallam, towards the western side of the Accra Metropolis. It is located in the Ga West District of the Region.

In July 2007 following heavy rains, some lives and property were lost as a result of the floods in the area. The public outcry was deafening. The district Authorities maintain that the floods were the direct result of or contributed to by the houses and structures built or erected across water courses in the area by the residents including the Applicants herein. By their bye-laws, the developments were illegal.

The District Assembly was nudged into taking concrete and urgent action to prevent a recurrence.

It mobilized security personnel and commenced demolishing the offending structures and forcibly evicted same of the residents from their homes.

CEPIL instituted an action in the High Court Accra on behalf of the affected persons claiming a violation of their right to housing among others. Judgment was granted in favour of the District Assembly.

CEPIL has appealed against the judgment to the Court of Appeal.

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