COURT DISMISSES DEFENDANT’S APPLICATION …In a matter of double sale, confiscation of land

   From Sebastian R. Freiku, Kumasi   A Kumasi High court has dismissed a motion on notice filed by lawyer Kwame Adofo on behalf of Madam Ama Konadu, defendant asking the court to dismiss the application by the plaintiff, Mr. Derrick Addo Bimpeh, a Kumasi businessman in a land dispute. The court, presided over by […]

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 From Sebastian R. Freiku, Kumasi  

A Kumasi High court has dismissed a motion on notice filed by lawyer Kwame Adofo on behalf of Madam Ama Konadu, defendant asking the court to dismiss the application by the plaintiff, Mr. Derrick Addo Bimpeh, a Kumasi businessman in a land dispute.

The court, presided over by His Lordship Justice Nicholas M.C. Abodakpi explained at yesterday’s sitting that the motion was without merit and accordingly dismissed it.

Justice Abodakpi said reasons for the dismissal of the motion would be spelt out on February 10, 2017, and awarded cost of GHc2,000 in favour of the plaintiff, represented in court by Messrs Kwabena Opoku Mensah and  Daniel Baffour Okyere.

Last December 8, 2016, defence counsel filed a motion on notice to dismiss case of the plaintiff  to save the time of the court and the parties claiming Order 33(5) rendered the case unnecessary  because there is a legal issue pending.

According to him, the suit is caught by estoppels, in the light of an earlier suit in respect of same subject matter and, therefore, constitutes abuse of process.

Lawyer  Adofo  argued that the plaintiff was aware the case was pending in a court which was admitted as truth of fact in an affidavit.

The defence counsel contended that plaintiff was bound by the outcome of the trial of the case pending, hence the suit should be dismissed in the face of the law that the plaintiff should have appealed against the decision of the lower court at Kodie and not to file another suit.

Kwabena Opoku Mensah, Esq. responded that the suit was to determine whether the case was  res jurisdicata and that the citing of  Order  33(5) and 23 and Rule 62 were misconceived by the  defence counsel.

With the dismissal of the motion, the stage is now set for the hearing of the dispute on a plot of land acquired from Barima Otuo Acheampong II, Otumfuo’s Kunafuohene since 2006 by the Kumasi businessman plaintiff.

Barima Otuo Acheampong II, Otumfuo’s Kunafuohene, who allocated the said plot the plaintiff, Derrick Addo Bimpeh, has filed a statement as a witness of the plaintiff business man.

Nana Otuo Acheampong, one of three witnesses to file a statement since August 5, 2016, on behalf of the plaintiff, has collaborated the plaintiff’s claim of ownership of the said plot No.7 Block ‘1’, currently in dispute.

According to the witness, he sold the said plot of land, No.7 Block ‘1’ which is now Plot No 1, Block ‘L’ -after it had been rezoned by the Lands Commission.

He stated that the plaintiff is the bona fide owner of Plot No. 1, Block ‘L’ -also known as Plot No 7 Block ‘I’ and that neither the defendant nor any family member can sell the same plot, as the defendant purports to do.

Nana Otuo Acheampong also stated that two years after selling out the said land, Nana Ama Konadu accused him of selling family land without the consent of the family and arraigned him before an 11-Member Committee at the Asantehene’s Palace, which unanimously gave a verdict in his favour on January 21, 2014.

He also indicated that the claim by Nana Ama Konadu that she is the Obaapanin of Afrancho is untrue because there is no Obaapanin.

The plaintiff stated that the Lands Commission per Mr. K. Atta-Karikari, Registrar of Lands on June 6, 2014 issued a lease dated December 13, 2013 in respect of the said plot No. 7 Block ‘1’ with Title No. 21830 and serial No. 265/2014.

The said Lease was jointly endorsed by the Asantehene, Otumfuo Osei Tutu II and Nana Barimah Otuo Acheampong II as the lessors with Mr. Addo Bimpeh as lessee and witnessed by Nana Akwasi Prempeh as the Liaison Officer of the Kumasi Traditional Council.

He said the Asantehene’s Lands Secretariat had also issued an acknowledgement card with Registration No. ALS/LDP2/0045 under the Lease documentation project and has since been paying the required rates in respect of the plot.

The Afigya Kwabre district Assembly since February 7, 2013 has also duly issued a building permit No F/BI/12/416, for the purposes of developing the said plot into a two storey commercial building following an approval by the district Building Inspector.

The permit also comes after the payment of GHc555 as fees including registration of plot, development fund and sanitation fees.

The plaintiff, however, states that in spite of the title deed, Madam Ama Konadu, (sister of Nana Otuo Acheampong’s mother, Nana Ama Serwaa) had sold out the same plot of land to one Solomon Ibrahim.

He also complained that even though the matter was referred to Nana Akwasi Prempeh, the Liaison Officer of the Kumasi Traditional Council who also doubles as the Manhyiahene, Madam Konadu is bent on taking over the said plot from him, hence the suit.

 

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