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RULING
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