NANA KWAKU DUAH VS LANDS COMMISSION & ANOR

BACKGROUND

The Plaintiff instituted an action against the Defendants by a Writ and Statement of Claim filed on 11th August 2015. It is the case of the Plaintiff that by letters dated 12th March 2008, 10th September 2008 and 24th August 2010, the 1st Defendant allocated the subject property to him and by letters dated 18th March 2008 and 6th September 2010, he wrote to accept the allocation.

The Plaintiff stated that he paid the purchase price of Five Hundred and Thirty-Three Thousand Cedis (GH¢533, 000) which the 1st Defendant acknowledged receipt of in its letter of 10th September 2008, however, the 1st Defendant failed to complete the relevant documentation and handover same to him.

It is the further case of the Plaintiff that whilst waiting for the relevant documentation, the 2nd Defendant has encroached upon the land and is speedily developing same.

The Plaintiff added that he is reliably informed that the 2nd Defendant entered the land with the knowledge and consent of officers of the 1st Defendant.

It is thus the case of the Plaintiff that the conduct of the 1st Defendant is intended to overreach him and cause him severe economic loss.

By his action the Plaintiff seeks inter alia a declaration of title to the subject property situate at Cantonments in Accra, measuring approximately 1. 15 acres, an order of specific performance directed at the 1st Defendant to complete the processing of the documentation in respect of the subject property and an order of interlocutory injunction to restrain the Defendants, their privies, assigns and servants from interfering with the subject property pending the final determination of the suit.

NOTICE OF ENTRY OF APPEARANCE AND DEFENCE The record of the Court indicates that the 1st Defendant entered appearance to the suit.

The 2nd Defendant entered conditional appearance which overtime matured into an unconditional appearance in accordance with the Rules of Court.

Both Defendants did not file a defence to the action.

The record of the Court further indicates that on 24th October 2017, this Court differently constituted directed Counsel for the 1st and 2nd Defendants to file their defence on or before 10th November 2017, however, there is no defence on record as at today.

ORDER OF INTERLOCUTORY INJUNCTION On 12th November 2015, this Court differently constituted granted the Plaintiff’s application for an order of interlocutory injunction to restrain the Defendants from interfering with the subject land, selling or clogging s