Occupancy of ‘Light Industrial area’: Court orders Lands Commission to approve Shabib Motors application

The High Court, presided over by His Lordship Justice Anthony Oppong JA has ordered the Lands Commission to approve the application by SHABIB MOTORS LTD for the grant of the unnumbered plot situated opposite Manet Court at Tema Motorway Industrial Area covering an area of 0.69 acre by reason of being the first in time to occupy the same for its business.

Background

In the year 2004, the SHABIB MOTORS LTD was granted permission by the Accra Metropolitan Assembly(AMA) to operate its business of selling, repairing, and maintaining vehicles on a parcel of land designated as ‘Light Industrial Area’.

It occupied and possessed this piece of land for its business for over 12 years without any let or hindrance while discharging all its obligations in terms of payment of ground rent and other rates to the relevant state institution.

However, the 1st, 2nd, and 3rd defendants came to the scene and constructed a fence wall around its place of business despite warnings.

Shabib Motors Ltd had applied to the Lands Commission on December 7, 2015, to regularize its interest in the land however, the 3rd defendant fraudulently succeeded in obtaining a regularization letter covering the land.

Upon bringing the misrepresentation to the attention of the Lands Commission, it failed, refused, and or neglected to make the change.

Shabib Motors Ltd, the plaintiff, therefore, instituted this action to among other things, seek a declaration that it had been in lawful possession and occupation of the disputed land since 2004.

In its Judgment, the High Court( Lands Division), Accra  thus declared the plaintiff as being in lawful possession and occupation of the disputed land.

Also, it declared the purported approval of the grant of the title of the said land to the 3rd defendant by the Lands Commission as discriminatory.

Moreover, the plaintiff’s relief for perpetual injunction against the 1st, 2nd, and 3rd defendants was granted by the court after ordering for the demolishing of the fence erected by the 3rd Defendant on the land.

The cost of GH¢10,000.00 was also awarded in favor of the plaintiff.