KWESI MUNO v. JOSEPH MUNO & ANOR.

Plaintiff/Applicant herein Kwesi Muno has through his Counsel filed this instant

Application for an Order for Interlocutory Injunction to restrain the 1st and 2nd

Defendants/Respondents herein; Joseph Muno and Tema Development

Corporation, their workmen, agents and assigns, servants and associates from

selling or transferring Plaintiff’s Plot No.1ND/H1/26/2A situate and lying at Tema

Industrial Area to any third party until the final determination of this suit.

This emanated from a Writ of Summons filed by Plaintiff herein with the following

reliefs indorsed in the Statement of Claim:

a) He is the bonafide owner of the land described in Paragraph 6 of the

Statement of Claim.

b) A declaration that the purported sale and transfer to a third party without

the consent and concurrence of Plaintiff is wrongful and of no legal merit.

c) Perpetual Injunction to restrain 1st and 2nd Defendants from dealing the

land and alienating same to a third party.

d) An order to restrain 1st and 2nd Defendants from alienating the land to any

potential purchase without the consent and concurrence of Plaintiff.

e) Damages.

f) Solicitors cost.

In the Supporting Affidavit of the Motion. Plaintiff/Applicant avers that he acquired

a piece of land from around the year 2013 from a Panel of Officers from Tema

Development Corporation covering an area of 62.68 feet 0.40 acre or 0.16 hectares

Plot No. IND/H1/26/2A.

After acquiring the said land from TDC, he took possession of the land and erected a

foundation of a warehouse thereon. He then agreed and allowed the 1st Defendant

who is his brother to use his money and receipt bearing (1st Defendant’s) name to

regularize the land on his behalf. That after regularizing the land, all documents on

the land including Indenture, Site Plan and other pieces of correspondence were

executed in the name of the 1st Defendant. It is Applicant’s case that, after using his

document to regularize the land for him, (Applicant) 1st and 2nd Defendant are

making frantic efforts to sell and transfer the land to a third party without his

consent. He is therefore aggrieved that the 1st and 2nd Defendant should alienate the

land to a third party without recourse to him. He is therefore praying the Court for

an Order to restrain the 1st and 2nd Defendant from selling and selling the land to any

third party.

In his Affidavit in Opposition, the 1st Defendant also avers in Paragraphs 3, 4,5, 6 and

Paragraph 3

That I have not given a