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High Court Injuncts Nowak Development’s 3-storey Car Park

The High Court in Accra, Land Division, presided over by Justice Amos Wuntah Wuni, has granted an interlocutory injunction against Nowak Development Ltd. on the use of a three-storey car park within the Airport City enclave.

The injunction follows an application by Life Group of Companies Ltd., which is disputing ownership of the piece of land on which the commercial facility sits.

Life Group of Companies applied for the injunction order restraining the Nowak Development being the “1st Defendant, its assigns, heirs, successors or any person or persons claiming under or in trust for Ist Defendant from going onto and dealing with the parcel of land known as Plot 1A measuring an approximate area of 0.97 of an acre situate at Airport Commercial Centre”, pending the final determination of the rightful owners of the land.

In granting the application, Justice Wuntah said Life Group of Companies fulfilled the critical requirement of putting forward a serious case on the merits and that irreparable harm would be done the company if the order of injunction was not made; and that the balance of convenience and justice favours the grant of the injunction.

“Upon very close and careful reading of the affidavits in support and against the instant application; the respective statements of case as well as the entire pleadings; and upon hearing Counsel and guided by the settled principles and authorities relative to applications for injunctions highlighted in this Ruling, it is my respectful opinion that:

  1. The Applicant has established that there is a serious question to be tried or a right to be protected;
  2. On the balance of convenience, the Applicant stands to suffer more harm than the Respondent if the injunction is not granted, particularly so, as the Respondent is using “Parking lot 1 for commercial purposes and enriching itself’ as against the Applicant “who continues to pay the ground rent in respect of Plot 1A ” and
  3. It is just and convenient for the Court to grant the injunction.

The application for Interlocutory Injunction is therefore granted as prayed.”

Justice Wuntah also indicated that “The Court stands ready for an expeditious trial to commence soonest to afford the parties an opportunity to be heard and for all matters in controversy to be determined on the merits.”

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