HERITAGE HOMES AND CONSTRUCTION GHANA LTD. v. EMMANUEL KUSHIE SUNU AND AFOR EDWARD

RULING

MOTION ON NOTICE FOR AN ORDER TO REMOVE 1ST AND 2ND

DEFENDANTS FOR NOT BEING NECESSARY PARTIES TO THE SUIT

PURSUANT TO ORDER 4r5, C.I. 47

Background

This Ruling is in respect of a Motion on Notice filed on the 16th of December 2023

by Counsel for and on behalf of the Defendants/Applicants (hereinafter referred

to as the Defendants) praying for an Order to disjoin Defendants from the Suit

and subsequently strike out the action as Defendants are not necessary parties in determining the reliefs being sought by Plaintiff upon the grounds set out in the

accompanying Affidavit.

On the 21st of April 2022, the Plaintiff issued a Writ of Summons and a Statement

of Claim against the Defendants claiming for the following reliefs;

a) A declaration of title of 1.04 acres of land situate at Medie in favour of

Heritage Homes and Construction Ghana Limited.

b) Further declaration that the Defendants do not own any part or portion of

Heritage Homes and Construction Ghana Limited lands at Medie, Accra.

c) A declaration that Defendants are trespassers.

d) An order for recovery of possession of Heritage Homes and Construction

Ghana Limited lands at Medie.

e) An order for demolition of illegal structures situate on Heritage Homes

and Construction Ghana Limited lands at Medie, Accra

f) General damages for trespass.

g) Perpetual injunction restraining the Defendants, their agents or assigns

from interfering with Plaintiffs land, the subject matter of the suit.

The basis of the Plaintiff’s reliefs, among others, is that he is the rightful owner of

the subject matter land which the Defendants have entered and are claiming

ownership of the land with land guards breaching public peace. The Statement of

Claim concludes by stating that the Defendants are trespassers who do not have

any right to enter the Plaintiff’s land to exercise right of ownership over the same

land. Subsequently and pursuant to an Order for Substituted Service of the Writ

of Summons and Statement of Claim, the Defendants entered Appearance on the

26th of October 2022. The Defendants upon Entry of Appearance informed the

court that the Defendants are correctly known as Emmanuel Korsi Sunu and

Benjamin Affor. The Defendants filed their Statement of Defence on the same day and stated among others that they have been in possession, occupation and quiet

enjoyment of the land since 2005 without any disturbance. They stated further

that they share a boundary with one Adu Kofi Dj