AFRICA HOUSING (SOFOL) LTD. VS EDENBURGE PROPERTIES LTD.

Plaintiff/Applicant claims he initiated the present action by issuing a Writ of Summons accompanied by a Statement of Claim, the following reliefs; a) A declaration to title to ALL THAT PIECE OR PARCEL of described as paragraph 7 (supra) of the statement of claim.

b) Recovery of possession.

c) Perpetual injunction restraining the Defendants, their assigns, privies and agents from interfering with Plaintiff’s quiet enjoyment of their plots of land.

d) An order for the demolition of the unauthorized structures put up by the Defendant’s company on Plaintiff on Plaintiff’s plot of lands.

Plaintiff/Applicant says that he has a leasehold agreement and is for 99years from the 9th day of January, 1997 (with an option to renew it for a further term of 45years subject to the restrictions, reservations, encumbrances, lens and interests.

That the title document was sent to Lands Commission and was given Land Title Certificate numbered GA 33971 volume 05 with folio 393 dated 14th October, 2010 and marked as Exhibit.

That Plaintiff/Applicant says he is in possession and exhibited overt acts of ownership by puꢀing up several units of estate houses on a portion of the plots of land.

That the Defendant from nowhere and without authority or consent has resorted to trespassing unto a portion of the land and the botanic and economic tress thereon.

That the maꢀer was reported to the Police.

That the Defendant’s company is hurriedly and under cover of darkness developing portions of my plot of land in dispute inspite of several warnings and protestations from the Police and my good self.

Plaintiff/Applicant says that the Defendant has evinced clear intention to appropriate his plots of land with brutal force if it is not restrained and/or compelled to put a complete stop to its unauthorized activities.

That based on the follow circumstances he prays for an interlocutory injunction.

Defendant denies the affidavit of paragraph 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17. That the Defendant entered into an oral agreement with the Plaintiff for the assignment of a parcel of land of an area of approximately 3. 00 acres of the unexpired residue of the 99yhears lease described in paragraph 4 of the affidavit in support at the total consideration of GH₵60, 000. 00. That the particular land was referred to by the parties as “Mountain Foot Land or Mountain Foot Estate or Eastern Cluster Mountain Foot Estate”. That the parties agreed that the Defendant would get the grant from three separat