[2019]DLHC4166 • January 17, 2019 • High Court
GRACE CHAPEL CHURCH vs. MADAM GLORIA DOVLO
The Plaintiff, Grace Chapel Church, acquired Plot No. 13/CS/14, Sakumono, Tema, under a 50-year lease from Tema Development Corporation (TDC) and claimed a buffer zone of approximately 25x70 feet adjacent to its property reserved for its benefit and protection. The Defendant, Madam Gloria Dovlo, acquired a neighboring plot (RP/13/R/32) and began construction on the disputed buffer zone land. The Plaintiff alleged trespass, nuisance, and sought injunctions to restrain the Defendant from developing the buffer zone. The Defendant denied the existence of a buffer zone, claimed lawful title to the disputed land, and counterclaimed for damages due to interference by the Plaintiff.
read moreThe Plaintiff commenced this action on 15th May 2012 seeking the following reliefs which were endorsed on its writ of summons: a. A Declaration that the bare land measuring an approximate area of 25× 70 feet lying appurtenant to or adjacent of Plaintiff’s property known as Plot No. 13/CS/14, Sakumono, Tema, is a ‘buffer zone’ and a reservation area solely reserved for the benefit, protection, safety and convenience of Plaintiff’s and adjoining properties and not for use as a building plot by anybody b. An order of Perpetual injunction to restrain the Defendant, by itself, agents, assigns, servants or otherwise from in any way developing, dealing with or interfering with the disputed land and with the Plaintiff’s rights and interest in the same way, or of similar acts of obstructing Plaintiff’s property afore-mentioned. It appears from the record that on the 12th day of June 2012, this Court differently constituted granted an application filed by the Plaintiff to restra...