PETER ASHIATEY CHARTEY VS EMMANUEL A. TEKPETE & ORS

BACKGROUND

The action was initially instituted by Nene Narh Adrah as 1st Plaintiff and Peter Ashiatey Chartey as 2nd Plaintiff against four Defendants, by a writ and statement of claim filed on 27th May 2015. The Plaintiffs by the action seek the following reliefs: a. Declaration of title to land described in the schedule, b. Recovery of possession c. Damages for trespass d. Perpetual injunction to restrain the Defendants from encroaching on the land, and e. Costs.

The Writ and Statement of Claim was amended after the 5th Defendant was joined to the suit.

On 17th November 2021, this Court differently constituted granted the Plaintiff’s application for interlocutory injunction and made an Order restraining the 1st, 2nd, 3rd, 4th and 5th Defendants from interfering with the subject land pending the final determination of the suit.

The 6th Defendant was subsequently joined to the suit and an Amended Writ and Statement of Claim was filed on 22nd September 2022. It was stated in the Amended Statement of Claim that the 2nd Plaintiff will pursue the action as the only Plaintiff to the action and as acting Head of Family for the reason that the original 1st Plaintiff, Nene Narh Adrah who was the head of family had passed on.

APPLICATION FOR INTERLOCUTORY INJUNCTION On 21st June 2023, the Plaintiff filed the instant application seeking an Order of the Court to restrain the 6th Defendant from interfering with the subject property pending the final determination of the suit.

PLAINTIFF/APPLICANT’S CASE In the affidavit in support of the application, the Plaintiff/ Applicant hereafter referred to as“Plaintiff” stated that the 6th Defendant is not the owner of the subject land and yet workmen of the 6th Defendant and other persons claiming through him are speedily developing the subject land whilst the suit is pending before the Court and that in recent times these persons have intensified their developments on the subject land.

The Plaintiff aꢀached pictures marked as Exhibit E series and Exhibit G in support of this claim.

The Plaintiff referred to the Order of interlocutory injunction restraining the 1st to 5th Defendants granted on 17th November 2021 and stated that the subject property would be preserved by restraining the 6th Defendant as well.

6TH DEFENDANT/RESPONDENT’S OPPOSITION In an affidavit in opposition filed on 5th October 2023, the 6th Defendant/ Respondent hereafter referred to as “6th Defendant” maintained that he is the owner of the subject land.

He stated that the