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RULING
RULING
FACTS
The plaintiff/applicant (hereinafter called “applicant”) caused a writ of
summons to issue against the defendants/respondents (hereinafter called the
“respondents”) on 21st October, 2022, claiming against the respondents as
follows;
a. Declaration of title to all that piece or parcel of land described in
paragraph 9 of the Statement of claim.
b. A declaration that the 1st defendant committed fraud in registering the
plaintiff’s land at Lands Commission.
c. A declaration that any interest claimed in the land by the 1st defendant
is statute barred.
d. Recovery of possession of the land in dispute.2
e. General damages.
f. Perpetual injunction against the defendants their agents, assigns,
servants, heirs and all who claim through them from dealing with or
interfering with the Plaintiff’s enjoyment of the said land, the subject
matter of this suit.
g. Cost including legal fees; and
h. Any other remedy this Honourable Court deems fit.
The Respondents entered appearance filed a defence and counterclaimed
against the plaintiff as follows;
a. A declaration of title to ALL that piece or parcel of land situate lying
and being at Prampram in the Dangme West District in the Greater
Accra Region of the Republic of Ghana and bounded on the Northwest
by Lessor’s land measuring 310.8 feet more or less on the Northeast by
a proposed road measuring 107.6 feet or less on the Southeast by
Lessor’s land measuring 333.8 feet more or less on the Southwest by
Lessor’s land measuring 147.8 feet more or less and containing an
approximate area of 0.35 Hectare (0.88 Acre) more or less which piece
or parcel of land is more particularly delineated with the relevant
measurements.
b. Confirmation of Land Certificate with number TD 9222, Volume 022
and Folio 325 and the date of the instrument is 20th August 2013, date
of registration 5th day of December 2013 and registered with number
022/Z39207/2.
c. An order for perpetual injunction restraining plaintiff, by herself or any
other encroachers, their servants, agents, assigns, privies, workmen,
successors from interfering with the subject matter land in anyway
whatsoever to the detriment of the 1st defendant or his lawful agent
until the final and consequent determination of the dispute.3
d. Recovery of possession.
e. General damages.
f. Costs, including legal fees.
The Applicant subsequently filed the instant application for interlocutory
injunction praying this court for an order t