OBOADE NOTSE KING PROF. O. WELENTSI VS CELEBRITY GOLF & HOLIDAY & ANOR.

This Ruling is in respect of Motion on Notice for Interlocutory Injunction filed for and on behalf of Defendants/Applicants herein; 1. Celebrity Golf and Holiday Resort Limited and 2. Robert Tandoh against Plaintiff/Respondent Oboade Notse King Prof Odaifio Welentsi (II). Defendants/Applicants are praying for an Order of an Interlocutory Injunction restraining the Plaintiff/Respondent herein whether by themselves, their Agents, Successors in title, Servants, Privies, Hirelings and workmen or any of them howsoever described from interfering, encroaching or dealing with the land identified and described in Paragraph 12 of the Affidavit in Support.

This Application is premised on a Writ of Summons and accompanying Statement of Claim filed on the 1st of March, 2022 filed by Plaintiff/Respondent herein praying for the following reliefs: a) Recovery of possession of any portion of the Ramsar Site Sakmono encroached upon by the Defendant.

b) Perpetual injunction restraining the Defendants, their agents, servants, privies, assigns and workmen and all people claiming through them from entering and dealing in any manner with the land the subject matter.

c) Cost including legal fees incurred by the Plaintiff.

d) Any other reliefs that the Honourable Court may deem fit.

It is Defendant’s case that in the course of prosecuting this instant action, the Plaintiff/Respondent herein applied for and was granted an Interlocutory Injunction against the Defendants/Applicants herein in respect of the Sakumono Ramsar site.

An Application filed by the Defendants/Applicants herein to set aside/strike out the Writ of Summons and Statement of Claim of Plaintiff/Respondent for their failure to disclose a reasonable cause of action was dismissed by the Honourable Court while the Defendants/Applicants herein have been restrained by the said Order of Interlocutory Injunction.

The Plaintiff/Respondent herein has used same as a ploy to go onto the land leased by the TDC to the 1st Defendants/Applicants, encroaching and dealing with the land in a manner adverse to the interest of the 1st Defendant/Applicant in same.

The Plaintiff/Respondent by his agents unilaterally removed the security post constructed by 1st Defendant/Applicant on the land and have in its place recently erected a sandcrete wall within which they have fixed an iron gate with the view to restraining the 1st Defendant/Applicant and its employees from selling of its (1st Defendant/Applicant) lawfully acquired land.