RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The 1st respondent as plaintiff sued the appellant and the 2nd respondent as 1st and 2nd defendants on a writ of summons and statement of claim for:
(i) Declaration that the 2nd defendant has no legal right to issue two certificates of occupancy on the same plot.
(ii) Declaration that it is unlawful, illegal and contrary to Land Use Act to issue a new certificate to cover another plot of land with certificate of occupancy, while that certificate is still subsisting.
(iii) Order that statutory right of occupancy Ref. No.KW5258 is null and void since the issuance is unlawful and defective.
(iv) Perpetual injunction to restrain the defendant by themselves, their agents, privies, and any other person howsoever deriving authority thorough them from any further acts of trespass on the land by way of construction of a well or in any way disturbs the plaintiff quiet enjoyment of her right of occupation and user on the said land.
(v) Special …