Ayawaso West Assembly, MCE Sued

Sandra Owusu-Ahenkorah

The Ayawaso West Municipal Assembly, its Chief Executive, Madam Sandra Owusu-Ahenkorah, and its Head of Task Force, Awudu Musah, have been hauled to court over certain lands located at Okponglo within the assembly.

The plaintiffs in the matter, Nii Sowa-Ako, Nii Mensah Nyekpe-Enehu and Mrs. Caroline Okyere Darko, want a declaration of title over their family land within the Ayawaso West Municipal Assembly containing in the Instrument of Acquisition in the Certificate of Title, dated 1st day of September, 1944 and published in the Gold Coast Gazette No. 56 dated the 19th August, 1944.

Again, the plaintiffs are seeking for perpetual injunction restraining the defendants, their agents, officers, assigns, servants, grantees, workers, independent contractors and person(s) claiming through them from demolishing, alienating, clearing, developing or interfering in any manner the plaintiffs land in dispute without due process.

In addition to that, the plaintiffs are seeking for substantial damages, punitive and aggravated damages, special damages, any other reliefs that may be just in the circumstances and cost inclusive of legal fees.

The defendants have entered conditional appearance to the suit through their solicitor, Patrice A, Caesar-Sowah.

The plaintiffs, in their statement of claim, said that their family is the owner of Old Okponglo (Toboase) and New Okponglo, including Shiashie, Abostiman among other villages within the Ayawaso West Wuogon Municipal Assembly.

They claimed that their ancestor by name Ako Toboase, a subject of the La Stool, acquired Toboase (Old Okponglo) land by farming, hunting and settlement.

The plaintiffs said that the Colonial Government, by a Certificate of Title dated 1st Day of September, 1944 and published in the Gold Coast Gazette No 56 dated 19th August, 1944 ,acquired a VAST portion of the land at Toboase under the La Stool for Airport Expansion.

The plaintiffs said: ”Documents and Chief-list in the National Archives indicate that Toboase land was acquired by the government.”

They said that the Government of Ghana, under the Supreme Military Council regime, re-zoned a large tract of the acquired land for the Airport Extension for residential purposes known as the East Legon Residential Scheme.

They said that upon petition from the La Stool, the Government of Ghana, in a letter dated the 23rd day of February, 1977, permitted the subjects of La Stool, including the plaintiffs family, to remain on the acquired land subject to certain conditions and they have since then been in possession of portions of the acquired land with their villages, including the land in dispute.

“The High Court in Suit No. FAL/194/09 titled: Nii Tetteh Opremereh & Anor. Vrs Komexa Limited and 5 Ors., declared the Plaintiffs family and the La Stool as the original pre-acquisition owners of owners of the acquired land,” the plaintiffs said.

The plaintiffs said in their claim that the Lands Commission, dissatisfied with the judgment in Suit No. FAL/194/09, appealed against the same to the Court of Appeal in Civil Appeal No.H1/163/2018.

According to the plaintiffs, the defendants have erected several signposts claiming portions of their land and fencing round same and causing developments to be done on the land without the consent of their family.

They said that the defendants, with the assistance of some policemen, have constantly been demolishing structures and fence-walls being built by them and their grantees without the requisite written notices to the them or any due processes and in breach of the provision of the Local Government Act, 2016 (Act 9360 as amended by (Act 940).

The plaintiffs said in their statement of claim that the trespass activities and conduct of the defendants on the land have caused and continue to cause lots of hardships and injuries to their family.