GRACE CHAPEL CHURCH v. MADAM GLORIA DOVLO

JUDGMENT

The Plaintiff commenced this action on 15th May 2012 seeking the following reliefs which were endorsed on its writ of summons:

A Declaration that the bare land measuring an approximate area of 25× 70 feet lying appurtenant to or adjacent of Plaintiff’s property known as Plot No. 13/CS/14, Sakumono, Tema, is a ‘buffer zone’ and a reservation area solely reserved for the benefit, protection, safety and convenience of Plaintiff’s and adjoining properties and not for use as a building plot by anybody

An order of Perpetual injunction to restrain the Defendant, by itself, agents, assigns, servants or otherwise from in any way developing, dealing with or interfering with the disputed land and with the Plaintiff’s rights and interest in the same way, or of similar acts of obstructing Plaintiff’s property afore-mentioned.

It appears from the record that on the 12th day of June 2012, this Court differently constituted granted an application filed by the Plaintiff to restrain the Defendant from developing, dealing with or in any manner interfering with the subject-matter land till the determination of the matter. On 9th January 2015, the Defendant entered an appearance and proceeded to file a defence. However, the Defendant amended her Statement of Defence and Counterclaim on 4th November 2016, pursuant to an order granted on 1st November 2016. It is interesting how the Defendant had the courage to add a Counterclaim to her defence. But the Akans say: “If a blind man says he will throw a stone at you, he probably has his foot on one”. The Rwandans say: “No one shows her buttocks unless they are big”.

In the Counterclaim, the Defendant called on the Court for an order to restrain the Church, its leaders, elders, agents and assigns from interfering with her right to develop the property, unfettered from any interference from the Plaintiff. She further sought for an order directed at the Plaintiff to pay damages to the Defendant being cost of construction on her property.

The issues filed by the Plaintiff in his application for direction are:

I. Whether or not the Plaintiff is the beneficial owner entitled to possession of property situate at Community 13, Tema and described as Plot No. 13/CS/14, Sakumono, Tema?

II. Whether or not Plaintiff is also entitled to the benefit, and/or enjoyment of the disputed land as a reservation area and a buffer and protection zone between the Plaintiff’s property and the adjoining property which is a gas filling station