[2019]DLHC8929 • February 21, 2019 • High Court
DOREEN ASARE vs. BENJAMIN AFUTU
BY COURT: Application will be decided on the basis of documents filed after hearing both lawyers on specific point of law and fact in accordance with Order 25 Rule (6) of C.I 47. I have carefully looked at the papers and documents before me in this application. The plaintiff/applicant had not demonstrated sufficiently to me that she has a right at law or equity which this court must protect. For example the primary document she relies on in this application – that is, the indenture does not bear her name. Another point is that between her and the defendant the defendant will suffer greater hardship and inconvenience if the application were granted. This is because the defendant/respondent had a valid Land Title Certificate to the land and has obtained building permit which would expire in 2019 if he is prevented from continuing the building. On the other hand the Plaintiff/Applicant will have nothing to loose if the application were refused. Her one room structure is there .....