Court throws out Suit Against Holmos Construction
However, in the second suit filed by the five plaintiffs who claimed to be heads of some five composite families mandated to grant lands in New Jerusalem, pleaded with the High Court to place an interlocutory injunction against Holmos Construction Limited and are thus seeking for an order of recovery of possession to all portions of plaintiffs 1054 acres allegedly trespassed by Holmos and its grantees.
The Tema High Court has for the second time thrown out an interlocutory injunction suit brought before it by some acclaimed five joint heads of some five composite families of Kofi Kope of New Jerusalem, a suburb of Afienya.
The heads are Nene Tettey Kojo III, Francis Akrofi Tetteh, Gbebie Nartey, Kperme Ibrahim Narh, Numo Abban Martey all of Afienya.
The five filed a suit at the Tema High court seeking for an interlocutory injunction against a leading real estate company in the Tema enclave, Holmos Construction Limited.
The suit is the second within a space of two months filed by different plaintiffs against the company seeking for same relief.
The first suit which was filed on the 4th of February,2021 and the second on the 12th April, 2023 respectively were both dismissed.
According to the trial judge, Justice Emmanuel Ankamah in his first ruling on the matter noted that the plaintiff failed to satisfy to the court that his family has either legal or equitable interest in the land in dispute.
However, in the second suit filed by the five plaintiffs who claimed to be heads of some five composite families mandated to grant lands in New Jerusalem, pleaded with the High Court to place an interlocutory injunction against Holmos Construction Limited and are thus seeking for an order of recovery of possession to all portions of plaintiffs 1054 acres allegedly trespassed by Holmos and its grantees.
But the trial judge, Justice Emmanuel Ankamah, again in his ruling dismissed the application and mentioned that the reasons for which the application was refused in the first suit was not disproved and for which reason the application for injunction against Holmos Construction Engineering Services Limited is refused.
The Chief Executive Officer of Holmos Construction Limited, Holy Ativor is quite disappointed that his company’s efforts at building a state of the art estates in the area is deliberately being frustrated in the area by some persons who claim to be family members in the area.
“These are the same people changing faces in same suit, why should these people deprive their community of development in such a manner knowing very well the company has gone through all due process”
He says that notwithstanding Holmos Construction is resolute on making sure the vision of building a 21st century estate in New Jerusalem, near Afienya sees the light of day.
He asked all aggrieved parties to rather seek for ways at embracing development and job opportunities for the area and their people rather than adopt a posture of “pull him down”.
“ I am open to dialogue if any, but as it stands, Holmos Construction has a legally acquired land title certificate which covers our possession and we are unshaken and perturbed by these petty distractions”
Meanwhile, before the trial judge could even give his ruling on the said matter on Friday the 28th of April, all five plaintiffs who filed the suit together with their supporters who were very much present at the court premises in the morning had vanished and not a single soul was present in the court room. For whatever reason accounted for their disappearance, it is not clear.
Earlier, they had mobilized a massive crowd outside the court room in anticipation for victory celebrations. But, for whatever reasons, they all vanished into thin air.
Source: newsghana.com.gh