Mariville Homes files contempt against property owners
A real estate company, Mariville Homes Limited has filed a contempt application against some property owners of its Mariville Estate located at Okpoi Gonno, East Airport in Accra on allegations of continuing with a reconstruction of a road within the estate in spite of a pending suit challenging the reconstruction.
The company filed a writ at the Lands Division of the Accra High Court with a case that the reconstruction of the road was without its consent and therefore illegal.
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It further filed an application for interlocutory injunction seeking to halt the road reconstruction until the final determination of its substantive case by the court.
Contempt application
In the application for contempt, lawyers for Mariville Homes Limited aver that the respondents had failed to halt the reconstruction although the court processes have been served on them.
“The respondents did not violate any order of the honourable court but rather the action of the respondents in continuing with the reconstruction exercise after the respondents have been served with the writ of summons and statement of claim as well as the interlocutory injunction application is a direct interference in the justice delivery system and prejudicial to the outcome of this case hence the action of the respondents is contemptuous of this court.
“Where a case has been filed, any action, omission or conduct that is likely to prejudice the fair trial of the case or interfere with the due administration of justice is tantamount to contempt of court," the applicant contended.
Case of the plaintiff
The suit was filed by lawyer for the plaintiff, Nii Kpakpo Samoa Addo.
Joined as defendants are the association of the residents known as the Mariville Homeowners Association and eight of the residents.
It is the case of Mariville Homes Limited that despite the said sub-leases which stipulated that the residents could only build or alter any building with its consent, on April 6, 2020, the defendants reconstructed the road within the estate without the plaintiff’s consent.
The plaintiff argues that apart from the said reconstruction being in contravention with the sub-lease and, therefore, illegal, it would also interfere with the structural plan and layout of the estate.
“The reconstruction of the roads will also limit movement to and from other sub-leases who are not members of the residents’ association and who ply the said road to and from their respective homes.
“The reconstruction exercise will lead to the layout of the estate being compromised which will lead to a devaluation of the plaintiff’s properties which are commercial properties,” the statement of claim averred.
Reliefs
Mariville Homes Limited is seeking general damages against the defendants for trespassing.
It also wants a declaration from the court that the reconstruction exercise is illegal since it was without its consent.
The plaintiff is further seeking an interlocutory and perpetual injunction to restrain the defendants from continuing with the reconstruction exercise.
Also, it is seeking an order from the court directed at the defendants to pay their estate maintenance fee from 2011 to date which it says was agreed in the sub-leases.
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