Cemonit Ghana Ltd and Orca Deco Co Ltd. have ignored an Interlocutory Injunction given by the High Court restraining them from interfering with a disputed land situated and lying at Spintex Road in Suit No: LD / 0345 / 2021, till the final determination of the suit before the Court over the same land.
The Companies, Cemonit Ghana Ltd and Orca Deco Co Ltd., continue with their construction work, working day and night under heavy security protection.
This paper can say that owners of the said land, Odehekpakpa King Odaifio Wellentsi & Another (Plaintiffs) sued CEMONIT Ghana Limited & Another (Defendants) over the said land, seeking an Interlocutory Inunction under Order 25 rule 1 of CI 47.
The matter travelled through the Court and the Court presided over by Justice Kwame Gyamfi Osei, granted the Order for Interlocutory Injunction against the Defendants.
The Judge in his ruling on May 25, 2021 stated that; “This application is granted as prayed. The Defendants either by themselves, agents, servants, workmen, privies or other persons developing or dealing with the land in dispute are restrained from interfering with the disputed land till the final determination of the suit.”
However, the Court Bailiff was finding it difficult to serve the Interlocutory Injunction on the Defendants, as according to Counsel for the Plaintiffs, the 2nd Defendant (Orca Décor Co. Ltd.) tried to deny valid service of processes filed in Court on them by the bailiff.
The bailiff, according to the Court succeeded in serving the 2nd Defendant through its General Manager at the premises of the CID Headqaurters when they were invited because they had defied the court processes served on them while busily working on the said land.
This paper however gathered that, there has been a Substituted Service served on the 2nd Defendant but, the 2nd Defendant and his workmen allegedly peeled off the Order from their walls and continue to work on the land.
This has compelled the Plaintiffs to go back to the Court.
The Court in granting the Order explicitly restrained the Defendants either by themselves, agents, servants, workmen, privies or other persons developing or dealing with the land in dispute are restrained from interfering with the disputed land till the final determination of the suit.
Meanwhile, the Defendants who continue to defy the court order, have erected a gigantic structure on the land within a very short period and are still working under heavy security protection.
In view of the entrenched stance taken by the Defendants, irrespective of the Order of Interlocutory Injunction, to continue to work on the land in defiance to the Court order, lawyers for the Plaintiffs, have written to the Director, Criminal Investigation Department of the Ghana Police Service and requested for police intervention and protection of lives the disputed land.
According to the letter to the Police CID, documents available indicate that at the time of filing the case in court, Cemonit Ghana Ltd & Orca Deco Co Ltd had done just digging and foundation on the subject matter land.
“That notwithstanding pendency of the suit and subsequent grant of the Order of Interlocutory Injunction by the Court, these suspects ignored same and continued with their construction work, working day and night under heavy security protection. That now, these suspects have erected or built a gigantic structure on the land within a very short period and are still working under heavy security protection,” the lawyers stated.
Attaching relevant documents to the latter, Plaintiffs’ lawyers said their clients have had the onerous duty of restraining men from the traditional area from going onto the subject matter land to prevent the ongoing works being carried out by the suspects who have shown or demonstrated open scorn, disrespect or disregard to the Court and to the Police Service.
That the conduct of the suspects (Cemonit Ghana Ltd and Orca Deco Co Ltd.), they indicated, have clearly brought the administration of justice into disrepute, could lead to breach of public peace via reprisal attacks, put life and property in danger and consequently ought to be checked.
He Plaintiffs with the help of the police and a Court Bailiff, have officially carried out the Order of Substituted Service on the 2nd Defendant.
