BLOW PLAST INDUSTRIES LTD. v. LETAP PHARMACEUTICALS & ANOR.

The Plaintiff acquired a plot known as Plot No. 3A, situated at Graphic Road, Accra, through a public auction conducted on 10th April, 2007 and was duly issued a Certificate of Purchase dated 18th April, 2007 (Exhibit B). On or about 17th December 2013, the 1 st Defendant allegedly entered upon the Plaintiff’s land and commenced demolition of the Plaintiff’s fence wall, contending that the Plaintiff had encroached onto Plot No. 4A. This act led to the institution of Suit No. IRL/28/14 before the High Court (Land Division), in which the Plaintiff sought for the following reliefs: damages for trespass and an injunction. That Suit revolved entirely around boundary demarcation and possession of the disputed area. Judgment in Suit No. IRL/28/14 was delivered on 15th December, 2021 by Her Ladyship Justice Rita Abena Abrokwah (Mrs.) in favour of the 1 st Defendant. According to the Plaintiff and by operation of Order 42 Rule 1(2) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the Judgment was subject to a mandatory seven-day stay of execution. Notwithstanding this statutory stay and before the issuance of any Writ of Possession, the 1 st Defendant on 21st December, 2021 entered the area granted to it which area was then in possession of Plaintiff and without notice to the Plaintiff.

The Plaintiff herein therefore initiated the present action alleging the illegality of the said demolition exercise and praying this Court for the following reliefs:

A. An Order that the demolition of the fence wall between Plaintiff and 1 st Defendant conducted on the 21st day of December, 2021 by 1 st Defendant when the 1 st Defendant had not entered the Judgment in their favour dated 15th December, 2021 amounts to unlawful execution of the said Judgment.

B. An Order that a renewal of the demolition order by the 2 nd Defendant pursuant to a Judgment that had not been entered and notices given to Plaintiff is unlawful.

C. An Order that attempts made by the 1 st Defendant to dig a foundation and erect new fence wall without Entry of Judgment and Writ of Possession is unlawful.

D. A Declaration that the demolition and entry into and the possession of the land in question without notice to Plaintiff is unlawful.

E. An Order for payment of Sixty-Five Thousand US Dollars (US$65,000.00) being the cost of recyclable raw material belonging to Plaintiff company that were destroyed during the unlawful demolition.

F. An Order fo