ThePrince 🤴🏿

Guys permit to share this interesting story. 🇬🇭 In the early 2000s, Mrs. Patricia Bannerman and Dr. Elizabeth Masopeh bought homes in Haatso, Accra, hoping to enjoy the peace and quiet of a residential neighbourhood away from the noise and congestion of the city. For some time, that peace was undisturbed. However, in 2005, one of Ghana's well-known or big churches (name withheld) acquired property nearby and began holding services. Cross Road Community Church Ministries was also operating in the area, but its earlier activities, which included fellowship meetings and hymn singing, had not caused any significant disturbance to residents. The situation changed with the introduction of amplified sound systems. What followed was years of excessive noise, particularly from Friday evenings through Sunday nights. Loud music, drumming, clapping, prayers and singing from powerful speakers became a regular feature of the neighbourhood. The noise, according to the residents, made it difficult for them to sleep, hold conversations or even enjoy the comfort of their own homes. Their complaints also extended to littering by congregants and indiscriminate parking that obstructed access to their properties. Having made several unsuccessful attempts to resolve the matter amicably, the residents eventually turned to the courts. They sued the two churches and the Municipal Chief Executive, arguing that the activities had unreasonably interfered with their right to peacefully enjoy their properties. The case was not based merely on personal complaints. The Environmental Protection Agency (EPA) conducted noise-level measurements at one of the residents' properties, recording levels between 76 and 86 decibels. This was significantly above the recommended daytime permissible noise level of 55 decibels for residential areas. On 21 January 2019, Justice Novisi Afua Aryene of the Accra High Court delivered judgment in the matter. The court found that the activities of the two churches amounted to private nuisance, as they constituted an unreasonable interference with the residents' enjoyment of their properties. The Municipal Chief Executive was also found liable in relation to the handling of planning and zoning responsibilities, including permitting changes that affected the residential character of the area. The court awarded damages against the 2 churches and the Municipal Chief Executive and ordered compliance with EPA permissible noise levels and environmental permit requirements. Let's note that the court did not order the churches to close down or demolish their buildings. The judgment was concerned with controlling excessive noise and environmental disturbance, not preventing religious worship. This case brings out an important principle of Ghanaian law: freedom of worship does not amount to freedom to disturb others. Although Article 21(1)(c) of the 1992 Constitution guarantees the right to practise and manifest one's religion, that freedom must be exercised with due regard for the rights of others and the laws governing the environment. It also demonstrates the relevance of the tort of private nuisance in protecting individuals against unreasonable interference with the use and enjoyment of their properties. Whether the source of the disturbance is a church, pub, event centre, factory or any other commercial or social activity, property owners and operators are not exempt from the responsibility to respect the rights of neighbouring residents. Beyond the churches' obligation, the judgment also highlighted the responsibility of public officials to enforce environmental and planning regulations. These regulations are not simply administrative requirements; they exist to protect communities, and public officials must ensure that their decisions and actions do not undermine that responsibility. Let's continue to accommodate each other for humanity is the best form of religion.