The defendant’s structure under construction with the plaintiff’s house behind
A PLAINTIFF in a disputed land case involving the Asokore Mampong Municipal Assembly has filed an interlocutory injunction at a Kumasi High Court to restrain the Assembly and its assigns, Shadis Construction Company Limited from constructing a permanent structure in front of house no. Plot 8 Block ‘A’ and house no. Plot 9 Block ‘A’ property at Aboabo.
Zakaria Hamidu said the structure being constructed by the defendants blocks the front view of his family landed property along the Aboabo-Anloga traffic light highway in Kumasi.
In an affidavit in support of motion for the order of interlocutory injunction, the plaintiff argued that the action of the defendants were wrongful and illegal since the land in dispute is meant for road expansion project, contrary to the purpose for which it is being put by the defendants.
According to the plaintiff, the permanent structure, if allowed, will constitute an environmental hazard, aside the fact that it amounts to a flagrant breach of the rules of the developmental programmes of the Kumasi Metropolitan Assembly from which the defendant Assembly was carved out.
Mr. Hamidu asserted that his family’s two plots were properly allocated to them and the houses constructed on them have the lease made between the Agyabin stool, Asantehene in 1994 and 1995, having been registered under title no. 16517 and serial no. 652/96.
He attached a copy of a report of an enquiry made at the Town and Country Planning Department (TCPD) in Kumasi as an exhibit to show that the disputed area is not meant for building purposes.
The plaintiff said prior to making the enquiry at the TCPD, they petitioned the Manhyia Palace, grantors, who asked the defendants to stop the construction in order for the matter to be looked at first, but defendant assembly and its assigns ignored it, and further carried out the construction.
He averred that if the defendants and their agents are not restrained by the order of the court, an irreparable damage and great inconvenience would be caused to the environment and them as plaintiffs/applicants by the time the writ is determined, since the Assembly has increased the pace of construction.
From Ernest Kofi Adu, Kumasi