Real Estate company sues residents

A real estate company, Mariville Homes Limited has dragged some residents of its Mariville Estate located at Okpoi Gonno, East Airport, to court for reconstructing a road within the estate without its consent.

In a suit filed at the Lands Division of the Accra High Court, Mariville Homes Limited contends that the said reconstruction was a breach of the sub-lease the residents signed.

“As part of the provisions of the various sub-leases issued to the defendants, they shall not 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 of the plaintiff herein,” the estate company stated in its writ.

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.

Case of the plaintiff

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 using the suit to seek general damages for trespass against the defendants.

It also wants a declaration from the court that the reconstruction exercise is illegal since it was not 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.

Writer’s email : emma.hawkson@graphic.com.gh