Question 1

Bobie got a job as a cleaner with Clean First Limited, a cleaning company in Accra. In 2016 he was posted to Accra Mall to join the cleaners who tidy up the entire shopping mall. Because of his eagerness to work all the time, the supervisor likes him and always gives him extra work with extra remuneration. So anytime an employee is absent, the supervisor will be looking for Bobie for him to hurry up to finish his own job and attend to the job of the absentee staff. There were instances where after one hour into the shift, Bobie will be going round to check for absentee workers or a late-comer so that he will hurriedly start to clean because he will be paid twice. He was earning much more money than his colleague cleaners even though they also showed interest in the "overtime work" Bobie has been doing. Often the supervisor of the company, Grant will call a meeting and warn them that he has got an informant among them so they should be careful of what they say about him. Grant has employed his wife Lizzy and her sister Naana few months ago. Recently he brought in his in-law Rose (Lizzy's mother) into the company. Any time Grant comes to work and sees two or three persons gathered and talking, he suspects they may be talking about him and his family. He will often give them strong warning that he will soon get somebody about the gossip and threatened that by the end of the month, he will dismiss some people. He again keeps emphasizing that someone among them has been supplying him with information. One day someone posted a notice in the janitor which reads "Boby, we are aware of what is going on between you and Grant. You go ahead I will invoke Antoa god to kill you". Bobie claims the post refers to him that he is the one who has been giving information to Grant and therefore he is suing libel against the owners of the mall. Advise the parties

Question 2

Mr. Yaw Opare was tried of murder by a gunshot at Abomusu in 2014 for which the jury returned a verdict of "not proven". In 2016, The Royal Hotel in Nkawkaw mounted wax figure of some important personalities and this included a model of the claimant pointing out a gun. To view the model at the Courtyard inside the hotel, you need to pay Ghc 15.00 and this was displayed with figures of Lance Corporals Amedeka, Dzandu, Senya and Ataa Ayi who are known to have been involved in murders (including the one the claimant was tried for). The claimant sued for and asked for an injunction to restrain the Royal Hotel from displaying the figure depicting him. The Royal Hotel denied the existence of libel and did not attempt to justify their action. Advise Yaw Opare of his likely success or otherwise of a claim of libel

Question 3

Joe is an electrician who gets his work from Wasaman Contruction Ltd. Wasaman Construction controls how Joe conducts any work that comes through the company. For such jobs Joe is provided with uniform and the use of a van. Joe has any tax he accrues deducted by the payroll department of Wasaman Construction and they also pay him for a certain amount of holiday pay provided he does not turn down any work they offer him. No other benefits are provided and all other equipment must be supplied by Joe. A rival firm, Yaanom Building Ltd had recently won a very large contract to renovate a mansion and so needed more workers. They arranged for Wasaman Construction to supply some staff for the job in return for paying a fee to Wasaman Construction. Joe was one of the people supplied and did not feel any sense of loyalty to Yaanom Building Ltd and resented the fact that he had to do the work thinking it made him like a slave. As such he put little effort into the electrical work. Shortly after the renovation was completed a fire broke out, destroying the mansion, which was established as being caused by negligent electrical work performed by Joe. Advise Wasaman Construction on whether they could be held liable for Joe's negligent work.

Question 4

Tasi owns a house in the middle of a heavy agricultural area in Kpando. She lives with her husband, Amegavi, and additionally lets a family friend -Esinam-stay rent free in a converted castle -shed. Tasi has three different neighbours. The first is Eastwards Farm, which farms pigs for the pork industry. The second is Southfields Tree Farm, which grows softwood trees for the industry. It has been in business for nearly 30 years. The third is Westwood Agricultural Products, another farm. It is currently in the process of building a new castle farming centre, in order to meet the requirements of a new contract it has signed with the business it supplies. They need to begin production within the next two months scheduled to comp time. Tasi's three neighbours are affecting her property in various ways; When the wind is blowing from the right direction, the smell from the pig farm makes it almost unbearable to

be outside of her house. Although Tasi has spoken to the owners of Eastwards Farm, there is little they can do to close down the farm. Tasi has recently built a garage on the south border of her property to house her farm products. She notices one day that a large crack has formed in the garage wall. She refers the problem to a building inspector, who finds substantial subsistence in the land underneath the garage, caused by the root systems of the trees growing on the Southfields property. He notes that the garage is damaged beyond repair since the foundations will need relaying. There is a significant risk that the garage will collapse otherwise. The building works taking place on Westwood Agricultural Products property is keeping Amegavi awake all night. Tasi is unaffected since she takes a sleeping pill each night anyway. One of Esinam's hobbies is the breeding of African Land Snails. They are very sensitive to vibrations and Esinam has noticed that the heavy machinery used in the building work nearby is negatively affecting their breeding patterns. Tasi comes to you asking if it is possible in law to get her neighbours to stop their disruptive activity. Advise Tasi, concentrating on the tort of nuisance.

Question 5

(a) What is private nuisance?

(b) Who can sue for private nuisance and on what basis?

(c) Quorals Enterprises Ltd manufactures leather garments. They receive a threat from a "animal rights" organization that their factory will be occupied by protesters. This is reported to the managing director who decides that it is a hoax and takes no special security measures. Two weeks later a bomb explodes beside a drum of acid which the company uses in its manufacturing processes. The acid pours into the adjoining premises of Nana Takyi Enterprise where a large number of used tyres are stored. Thousands of Ghana Cedis worth of damage is done to the tyres and the reaction with the acid unexpectedly produces toxic vapours. Neighbouring factories have to close down for several days until the vapours have dispersed. Advise Quorals Enterprise and Nana Takyi.