AUGUSTINA ABBEY v. GIDEON NARH AND BRIGHT (DEVELOPER)

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