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06.09.2005 Crime & Punishment

Court rules in favour of estate developing firm

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Accra, Sept. 6, GNA - An Accra High Court has entered judgement in favour FKA Company Limited, an estate developing firm, over 95.1 plots of land situated at Akawasa, near Weija in Accra, saying it could recover the land.

It has also granted a perpetual injunction against Effah Sarkodie, a businessman and the defendant, heirs, agents, and privies from interfering with the Company's right to the use and enjoyment of the land.

Slapping 65-million cedis special damages on the defendant for demolishing structures on the land, the court further awarded 20 million cedis as damages for trespassing.

It also asked the defendant to pay a cost of 20 million cedis for the inconveniences caused to the company when the suit was filed. The court in its judgement granted total recovery of possession of the land.

The plaintiff, FKA Company Limited, filed a writ of summons against to the defendant claiming a declaration of title to the land situated at New Weija in Accra.

The plaintiff further requested for recovery of possession damages for trespassing, a perpetual injunction and further orders over the disputed land.

The plaintiff's case is that in 1980, Mr Frederick Kofi Asare, Managing Director of FKA Company Limited, went to Nii Anto Nyame 11, Chief of Weija, to buy land and he indicated his preference for the Ghana Broadcasting Corporation area.

He said he bought 60 plots from the chief and some more plots from the family members and elders of Weija.

According to him, he paid for the land in installment, made in cash and in kind, that is, in the form of cars.

On May 16, 1998, the plaintiff's company received documents covering the land but some elders of Amanfro sold the same land to prospective developers, including the defendant, and also gave out documents.

The court noted that the grant from the Weija Stool Lands was superior to any grant by the Amanfro stool.

"I hold that the land in dispute forms part and parcel of Weija lands... I hold further that plaintiff has a valid grant from Weija Stool and thus the Weija Stool by its registration, has divested itself of this land in favour of the Plaintiff and thus cannot validly make any grant of portion of this land to anyone lese, defendant included. Defendant therefore cannot lay claim to any part of the land," the court ruled.

Soon after, the defendants filed an application for stay of execution pending an appeal at another High Court. The court dismissed same and awarded cost of one million cedis to Effah Sarkordie.

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