EBENEZER NARH DOMEH v. ERIC DOE MENSAH & 6 ORS

This Ruling is in respect of a Motion on Notice for Interlocutory Injunction filed by

Counsel for and on behalf of the Plaintiff/Applicant herein Ebenezer Narh Domeh

seeking to restrain the Defendants/Respondents herein;

their Agents, Servants, workmen or labourers from entering and/or remaining on all

that piece or parcel of land described in the schedule of the Writ of Summons and

Statement of Claim from digging and erecting any structures thereon, or changing

the nature of the land or developing, leasing, assigning or in anyway whatsoever

pending the final determination of the suit.

This Application emanated from a Writ of Summons and Statement of Claim filed by

Plaintiff/Applicant on the 8th of July, 2022 against the Defendants/Respondents

herein, praying for the following reliefs:

a) A declaration of title to the land as described in the schedule.

b) A declaration that the destruction of Plaintiffs land described in the schedule by

the digging of foundation trenches on the land is wrongful and unlawful.

c) Recovery of possession of the land in dispute.

d) Damages for destruction of the land.

e) Damages for trespass.

f) An order of perpetual injunction restraining the Defendants and their agents,

assigns, privies from interfering with Plaintiff’s title and quiet possession and

enjoyment of the land by constructing, building, leasing, assigns or in anyway

whatsoever.

g) Plaintiff’s cost, expenses and legal fees in this suit on a full recovery basis.

In the supporting Affidavit/Plaintiff avers through Deponent Raymond Dornyor

that: Plaintiff commenced this action to protect and assert his rights in the disputed

land which he acquired same per an Indenture dated 10th October, 2022 from the

Kudjiragbe Clan (Exhibit RD1).

Plaintiff then started farming on the said land. (Photographs of the said farm

attached as Exhibit PD2). It is Plaintiff’s case that Defendants/Respondents herein

their agents, assigns, privies forcibly entered the land and started destroying the

farm and digging foundation trenches on the land. (Attached is Exhibit RD3 series)

Photographs of the activities of the Defendants’ assigns etc. on the Plaintiff’s farm).

Plaintiff is therefore praying the Court to grant this Application and to restrain

Defendants/Respondents from destroying Plaintiff’s farm and changing the nature of

the disputed land pending the determination of the suit.

Defendants/Respondents herein, though legally represented did not file any