[2020]DLHC10204July 8, 2020High Court

DEDE SHIASHIE vs. GRACE LAMPTEY & ANOR.

The Court has perused the motion paper, supporting affidavit and statement of case filed by the plaintiff/applicant on 9th December, 2019 and has also considered the affidavit in opposition and statement of case filed by the 1st defendant. The submissions of both counsel have also been duly considered by the Court and it is the Court’s opinion that there are triable issues e.g. who is actually entitled to the land which is the subject matter of the substantive suit, which can only be determined when evidence has been heard in this matter. In the meantime since both plaintiff and the 1st defendant are claiming that they each have erected buildings on the land, both are restrained by the Court from dealing with the subject matter pending the final determination of the substantive suit on its merits. There is no award of cost in this instant application. (SGD) JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT