[2024]DLHC18423 • December 16, 2024 • High Court
DORIS OWUSU ANSAH vs. THE TRESPASSER
The Plaintiff, Doris Owusu Ansah, leased land at Mempeasem, East Legon Extension, Accra, for 99 years from the acting chief and principal family members in 2004. She erected buildings and fences, maintained possession, and registered the lease at the Lands Commission. The Defendant, Jovelf Real Estate Ltd, claims ownership by virtue of a 2023 lease from the President of Ghana following compulsory acquisition of the land by the State in 2009 under Executive Instrument 16 EI 16. The Defendant alleges the Plaintiff's rights were extinguished by compulsory acquisition and has encroached and demolished parts of the Plaintiff's property, leading to the Plaintiff seeking an interlocutory injunction to restrain the Defendant from trespassing.
read moreRULING This ruling is in respect of a motion for the grant of an order for Interlocutory Injunction filed by the Plaintiff/Applicant (hereinafter called “the Applicant”) against the Trespasser (Jovelf Real Estate) (hereafter called “The Respondent”). The Application is supported by a 14-paragraph Affidavit dated 25th July, 2024. The crux of Applicant’s application is that by an indenture of lease dated the 31st July, 2004 between Nii Sodjah Obodai (Acting chief of Mempeasem, East Legon Extension) Accra, with the consent and concurrence of the principal members of the Sanshie Family of La-Accra of the one part and the Plaintiff herein as the Lessee therein of the other part, the disputed land was leased to the Plaintiff to have and to hold same together with all easements, rights, liberties, rights of way, advantage etc. for a period of 99 years. Indenture attached and marked Exhibit “JB1”. The land is described as Plots No.1 and 3 containing an approximate area of 0.04...