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13.10.2008 Crime & Punishment

Bantamahene, 3 others sued… For trespassing, destruction of Rev. Fugah`s property

By Sebastian R. Freiku, Kumasi - Ghanaian Chronicle

REV. SAMUEL Kwabena Fugah of Kumasi has initiated legal action against the Bantamahene of Kumasi, Baffour Asare Owusu Amankwatia V, and three others, for trespassing on a 13.33-acre parcel of land belonging to the plaintiff.

The co-defendants in the suit are Asuman Enin, Alhaji Salia of Alhaji Salia Enterprise, and Pastor Kwabena Enin, all of Kumasi. The plaintiff is claiming ownership and recovery of the said parcel of land, situated at Atwima Akrofuom, in the Atwima Nwabiagya district of the Ashanti Region.

The writ of summons, filed on October 8 this year, also sought for a perpetual injunction restraining the defendants and their agents, from entering, meddling and interfering with the plaintiff's right of title of ownership of the said property.

Rev. Fugah is also claiming general and special damages, for damages caused to plaintiff's building, security fence wall, the killing of pigs, goats, sheep and turkeys, as well as the destruction of food and cash crops on the land.

In a 25-point statement of claim, the plaintiff, who doubles as a lumber dealer, said in 1991 he acquired 7.6 acres of the land in dispute, from Madam Akua Adomaa, mother of the second defendant, and Nana Awuah II, the then Akrofromhene, following which a indenture and a site plan were duly issued and signed in the presence of witnesses.

According to the plaintiff, each of the said 7.6 acre land was transferred to him at GH¢4 then. A brother of Madam Adomaa also transferred the remaining parcel of land measuring 6.27 to the plaintiff.

The plaintiff averred that on the advise of the then Bantamahene, one site plan was drawn to cover the entire 13.33 acre land, and a consideration of a bottle of schnapps and GH¢4 paid as custom demanded.

He has since occupied the said land, after putting up a building, erecting a fence wall and cultivating plantain, citrus and other food crops.

The plaintiff said he had been in full possession of the land, until July this year, when first and second defendants teamed up, and unlawfully sold the land to the third defendant, thus meddling in the ownership of the land.

According to the plaintiff, in September this year, Pastor Kwabena Enin, fourth defendant, mobilised some landguards who drove plaintiff's workers of the land, and caused extensive damage to the building, demolished the fence wall and cut down food and cash crops.

The landguards were said to have killed domestic animals being reared by the plaintiff on his land, and consequently heaping sand and other building materials on the land, in an attempt to develop it.

But the plaintiff maintains that the land in question was his bona fide property, and that the defendants had no interest whatsoever in it, hence the legal suit to restrain the defendants from interfering in the ownership of the land, while the court determined the matter.

The Bantamahene, who has duly been served with the writ of summons, was yet to enter an appearance.