OKAIKOI NORTH MUNICIPAL ASSEMBLY v. ELAND INTERNATIONAL GH. LTD.

RULING

On the 28th of August 2023, the Plaintiff herein caused a Writ of Summons to be

issued in this Court against the Defendant claiming the following reliefs:

a. Declaration that in the absence of valid building permit from the Plaintiff,

the current construction activity at Achimota by the Defendant is illegal

and of no legal effect.

b. A further declaration that Defendant building construction at Achimota

without a valid building permit from the Plaintiff is in breach of sections

91 and 94 of the Local Governance Act 2016 (Act 936) as amended by Act

c. An order directed at the Defendant that building at Achimota without the

consent of the Plaintiff is in breach of the building bye-laws of the Plaintiff

Assembly.

d. An order directed at the Defendant to cease construction activity at

Achimota, Accra.

e. Declaration that upon a proper interpretation of sections 91 and 94 of the

Local Governance Act, 2016 as amended and section 8 First Schedule of

Local Government (Okaikoi North Municipal Assembly) (Establishment)

Instrument 2017 LI 2307 the Defendant building activity falls squarely

within the authorized administrative area of authority.

f. Further or other reliefs as in the circumstances may be just including in

particular perpetual injunction to restrain the Defendant whether by

themselves, their servants, agents, assigns, privies, workmen whomsoever

or otherwise howsoever from building on the land clearly situate at

Achimota and within the jurisdiction of the Plaintiff Assembly.

On the same 28th of August 2023, the Plaintiff filed notice of motion for an order

for interlocutory injunction pending the final determination of the suit.

The Plaintiff on 4th September 2023, filed supplementary affidavit in support of

the motion and same was served on the Defendant on 4th September 2023 per the

affidavit of service submitted by the Court’s bailiff.

After the Defendant was served with the supplementary affidavit, the Defendant

entered appearance on the 5th of September 2023 through his lawyer; and on the

same day, filed an affidavit in opposition to the application praying for an order

for interlocutory injunction.

When counsel for the Plaintiff/Applicant sought to move the said motion for an

order for interlocutory injunction, counsel for the Defendant/Respondent raised a

preliminary legal objection to the supplementary affidavit filed on 4th September

This ruling is in respect of the preliminary legal objection raised b