The Municipal Chief Executive (MCE) for Ayawaso West Municipal Assembly in the Greater Accra Region, Mrs. Sandra Owusu is allegedly teaming up with some individuals whom she unduly sold portions of East Legon lands to, to launch an attack on lawful owners of the land, and branding them as land guards.
Information gathered is that the MCE has teamed up with one Awudu to allegedly sell portions of the East Legon lands.
The MCE, according to sources is preventing her supposed clients lead by Awudu from contacting the rightful and allodia owners of the land for regularization of their documents.
It has also been established that Mrs. Sandra Owusu and Awudu instead of advising their ‘clients’ to negotiate with the family , they are rather inciting them by advising them to write a Petition against the Presidential Bodyguards with claims that they (Presidential Bodyguards) are land guards who are terrorizing them on their lands.
This is however brewing tension between the people and the Toboase Family of Labadi.
However, the rightful owners led by Nii Tetteh Opremrem II and Nii Adams Sorsey secured a judgment delivered by Justice I.O. Tanko Amadu and endorsed by Justice Ackah-Yensu, all Appeals Court Justices on November 28, 2019 over the said lands.
In view of the said Judgment which was delivered when a Defendants, the Lands Commission in the original matter filed an Appeal against part of a judgment of the High Court, Land Division dated February 22, 2017. The Trial Court ordered the payment of the compensation to the 3rd and 4th Respondents with interest.
The Colonial government acquired the land in 1944 and by judgment of the Supreme Court of the Gold Coast Eastern Judicial (Land Division) on 28 February 1947, the quantum of compensation payable in respect thereof to Nii Kpobi Tetteh Tsuru II (4th Defendant now 3rd Respondent) and Ebenezer Nii Mensah Akogyeram (5thDefendantm, now 4th Respondent) was determined.
The Appellant in this case, Land Commission, which is the Constitutional body charged with the responsibility of being the custodian of all public lands vested in the president of the Republic of Ghana on behalf of the people claim to have duly paid the said compensation but the 3rd and 4th respondents maintain otherwise.
Meanwhile, in the recent judgment delivered at the Appeals Court, the Court noted that subsequent to the compulsory acquisition of the land in issue, the Appellant itself at different times issued land Certificates in respect of portions of the said land to persons who were not grantees of the State.
This, the Court described as “unequivocal conduct by the Appellant” and that it amounts to a representation which is inconsistent with a claim by the Appellant, Lands Commission, to any entitlement to the remainder of the land for the time being not granted and or undeveloped.
“Any contrary position in our view, will be an affront to the policy of statutory estopell. Indeed the inaction on the part of the 3rd and 4th Respondents coupled with the conduct of the Appellant provokes the application of statutory estopell not only against the Respondents’ compensation claim but against any interest the Appellant may have over the portions of land occupied by or under the control of the Respondents, their assign and privies howsoever described,” the Court stated.
Background of Appeal is that the 1st Plaintiff, Nii Tetteh Opremrem II who is the 1st Respondent to the Appeal and who is referred to in this case as 1st Respondent commenced action on 9th September 2009 against the 1st Defendant, Komexa Ltd. on record who is a grantee of the Appellant.
The Plaintiff/Respondent was seeking a declaration that the La Stool is the original allodia owner of the land in dispute whilst the 5th Defendant family is the “original ‘unsufructuary’ owners of the said land.”
Also, he sought for an order to government per the 2nd Defendant, Lands Commission, to pay the 4th and 5th defendants the total compensation on the lands in dispute with interest from the date of acquisition to the date of final payment or return the land to the 4th and 5th defendants and a Perpetual Injunction restraining the Plaintiff and their agents from further developing the land.
However on June 12, 2019 judgment was delivered on portions of the matter.
In view of the judgment delivered in favor of the Plaintiffs/Respondents, Nii Tetteh Opremrem II and Nii Adams Sorsey, the allodia land owners of the land in question, wrote to occupants on the land to inform them about the new development and also called on them to consult the rightful owners for regularization of their documents for validation.
But, residents who are supposed to abide by the instructions from the landowners, according information, are rather launching attacks on some members of the family by referring to them as land guards.
In a petition sited by this paper, written and signed by one, Bassam El-Husseini, he is claiming their land is being taken forcefully by Presidential Bodyguards and Operatives of the National Security.
Bassam El-Husseini claimed Robert, Aliu and Mohammed Quaye, Presidential Bodyguard and Chief of Alajo have been leading gangs of armed land guards onto their properties.
But, checks have revealed that Robert, Aliu and Mohammed Quaye, Presidential Bodyguard are members of the family which, Nii Tetteh Opremrem II and Nii Adams Sorsey represented in Court in a battle which they won.
However, speaking to the Municipal Chief Executive (MCE) for Ayawaso West Municipal Assembly, Mr. Sandra Owusu, refute any involvement in the dispute in the area.
According to her she doesn’t sell lands and has never sold any portion of land to anybody as is being alleged.
She explained that, the Assembly only issue Permit for individuals of group of persons who wants to develop their lands, and that any allegation leveled against her regarding the sale of lands must be disregarded.