A private real estate company, Mariville Homes Ltd, has sued the MD of state transport company STC, Nana Akomea, and nine others for trespassing on its private property.
According to the plaintiff, the defendants, who happen to be tenants of Mariville Homes, are engaging in a reconstruction exercise on its property without its consent, which is also a clear violation of the “various sub-lease agreements between the plaintiff and the defendants.”
Mariville Homes therefore wants the High Court to grant “an order of interlocutory injunction directed at the defendants restraining them from carrying on the said reconstruction exercise.”
Also, per the writ, the plaintiff also wants a perpetual injunction served on the plaintiffs “restraining them from carrying on the said or any reconstruction exercise without the consent of the plaintiff.”
It added: “An order directing the individual members of the 1st Defendant association and the 2nd and 8th defendants to pay the said estate maintenance fees as agreed upon in their respective sub-lease agreements from January 2011 to date.”
Mariville Homes said as part of the sub-leases issued to the tenants, they are not allowed to build or cause to be erected “any building on the demised premises or make any alterations or additions to any buildings on the demised premises except with the consent in writing of the plaintiff.”
The writ said: “On or about Monday, April 6, 2020, the defendants trespassed on the plaintiff’s property to reconstruct the road that leads to the respective homes of the individual members of the 1st defendant association and the respective homes of the 2nd and 8th defendants,” adding, they brought “various machines to reconstruct the said roads with police escort on the orders of the 9th defendant.”
In the writ, Mariville Homes said it was never notified about the said reconstruction which will eventually “interfere in the structural plan and layout of the plaintiff’s estate properties.”
It added that the reconstruction will also compromise the layout of the estate and affect the quality of the properties. Therefore, the decision of the tenants is “illegal and must be stopped.”
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