NII BORLABI-DIN BORKETEY NKPA AND NII BORKETEY AGBUNTSO KAKRAKU GBOGNEE IV vs. TRASACCO ESTATES DEV. CO. LTD. AND TEMA DEVELOPMENT COMPANY

RULING Summary of plaintiffs’ application and arguments before the court This is an application that has been brought by the plaintiffs praying the court for leave to amend the writ of summons and statement of claim by the amendment of relief (a) and the addition of some new reliefs to the reliefs endorsed on the writ of summons, the amendment of some paragraphs of the statement of claim and the addition of two new paragraphs namely paragraphs 23A and 23B to the statement of claim. The new reliefs the plaintiffs seek to add to the endorsement on the writ of summons are as follows: “(aa) A declaration that the public purposes for which land was compulsorily acquired by the Government of the Gold Coast under the Tema Town and Port (Acquisition of Land) Ordinance, 1952 expressed in the title of the Ordinance as ‘developing a new town and port at Tema and for purposes connected therewith’ did not extend to the purported lease of land by 2nd defendant to 1st defendant by way ...