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.