NAMIH
V.
GHASSOUB AND KUMASI MUNICIPAL COUNCIL (THIRD PARTY)

APALOO J.

By his writ issued out of this court on the 28th of May, 1960, the plaintiff claims against the defendant a mandatory injunction to pull down all that store constructed on the lane between Plots O.T.B.130 and 489 and a perpetual injunction to restrain the defendant and her agents from trespassing or in any manner interfering with the plaintiff’s right of way and light over the said lane.

The main facts of this case are not in dispute. The plaintiff is the lessee of the premises situate and known as plot No. 130, Old Town Section B, Kumasi. That building is a shop and opens on to Lebanon Street. Adjacent to the plaintiff’s said building, is another building known as plot 489 O.T.B., the title of which is derivatively vested in Mr. A. Chedid. The latter sued jointly with the plaintiff but has since discontinued. Between these two buildings, is a lane which runs from Guggisberg Road to Lebanon Street. By a deed dated the 1st of October, 1938, the Commissioner of Lands acting on …