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RULING
RULING
MOTION ON NOTICE FOR JOINDER AS DEFENDANTS
BACKGROUND:
On the 20th of July 2022, the Plaintiff issued a Writ of Summons and a Statement
of Claim sealed at the Registry of this Court against the Defendant praying for
the following;
1. Declaration of Title.
2. Recovery of possession.
3. Perpetual injunction restraining the defendant, his agents, assigns, privies,
workmen, servants and all those who claim through him from interfering
with the Plaintiff’s quiet enjoyment of the disputed land.
4. Cost.
5. Any other Reliefs that might come to the fore through the pleadings and
evidence.
The Defendant is yet to file a Statement of Defence but on the 9th of August 2022,
he filed a Motion on Notice for Joinder of the Attorney-General on behalf of the
Ministry of Transport and Ministry of Tourism, Culture and Creative Arts, the
Ghana Ports and Harbours Authority (GHAPOHA) and the Korle Klottey
Municipal Assembly as Defendants to the suit.
The Defendant/Applicant’s Case
The Defendant/Applicant argues that the Plaintiff/Applicant has sued him in his
personal capacity as the Chief Fisherman who has oversight responsibility over
the Landing Beach but the ownership of the subject matter land as well as all
adjoining areas fall beyond his purview since the State has a vested interest in
the development of the area including the portion the Plaintiff/Respondent
claims to have acquired, hence the need to join the aforementioned parties. His
Exhibit NAA 1 attached to the Affidavit in Support of the Application is a map
showing a Marine Drive Tourism Investment Project of the Ministry of Tourism,
Culture and Creative Arts with signatures of various Heads of institutions such
as Regional Coordinating Director (RCC), Metropolitan Chief Executive, Accra
Metropolitan Assembly (AMA), Chief Director, Ministry of Tourism, Culture and
Creative Arts, Urban Roads, among others.
The Plaintiff/Respondent’s Case
The Plaintiff/Respondent (hereinafter referred to as the Plaintiff) in his Affidavit
in Opposition deposed that prior to the inception of the construction of the
Landing Beach, there was a meeting with the Assembly man on the premises of
the Defendant with the Respondent being in attendance as well as a Forum held by the Municipal Chief Executive for Korle Clottey Municipal Assembly where it
never came to the fore that the disputed land is a vested land. The
Plaintiff/Respondent argued further that the said Exhibit NAA 1 does not p