[2020]DLHC9244March 27, 2020High Court

FAROUK BARAKEH vs. AHMED GHADDAR AND GENERAL DEVELOPMENT CO. LTD

The plaintiff, Farouk Barakeh, paid a reduced reserved price to Barclays Bank for a quarry attached in execution against the 2nd defendant company, General Development Co. Ltd, following a judgment debt. The plaintiff claimed ownership of the quarry and alleged the defendants unlawfully operated it without his consent after collecting title documents from the bank. The defendants contended the plaintiff's payment was financial assistance to save the quarry from a third party, with the defendants retaining ownership. A joint venture company, Twin City Quarry Ltd, was formed but did not commence operations. The plaintiff rejected an offer to repay his investment and claimed sole ownership.

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Per a writ of summons issued in the registry of this court on 30/06/2014, the plaintiff claims against the defendants jointly and severally, the following reliefs: 1. An order declaring the plaintiff as sole owner of the quarry site, the subject matter in dispute herein. 2. a recovery of possession of the quarry site situated at Essipon and then known and referred to as GDC Quarry and now referred to as GDC QUARRY DIVISION NWC CONCRETE AND GRANITE, Essipon and bounded on the South by the Inchaban – Sekondi Road measuring 1006.4 feet, on the East by the Essipon Stool measuring 2575.4feet, on the North measuring 1383.8 feet and on the West by JUSTMAC VENTURES measuring 2558.8 feet and thereby enclosing an approximate area of 63.01 acres. 3. An order directed at the defendants to account for their continued operation of the quarry from 19/03/2014 till date of judgment. 4. An order compelling the defendant to surrender to the plaintiff all documents of t.....