Dispute on Otumfuo’s Kunafuohene’s land rages on …Defendant appeals against Court ruling

 From Sebastian R. Freiku, Kumasi Madam Ama Konadu, a defendant in a land dispute before a Kumasi High Court, has filed a notice of appeal against the ruling of the Court, presided over by His Lordship Justice Nicholas M.C. Abodakpi. The notice, filed on February 20, 2017 by defence counsel Mr Kwame Adofo of Holy […]

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 From Sebastian R. Freiku, Kumasi

Madam Ama Konadu, a defendant in a land dispute before a Kumasi High Court, has filed a notice of appeal against the ruling of the Court, presided over by His Lordship Justice Nicholas M.C. Abodakpi.

The notice, filed on February 20, 2017 by defence counsel Mr Kwame Adofo of Holy Trinity Chambers in Kumasi, on behalf of the defendant, said the ruling of February 2, 2017, was against the weight of the evidence on record.

It said Justice Abodakpi erred in failing to hold that the conduct of the plaintiff not joining the action when the case was pending at the Magistrate court at Kodie, he (plaintiff) was stopped from commencing another action.

The defendant appellant is, therefore, seeking an order of the Appellate Court allowing the  appeal, as well as an order setting aside the ruling of the High Court.

On February 2, this year, His Lordship Justice Abodakpi dismissed a motion on notice filed by Lawyer Kwame Adofo asking the court to dismiss the application by the plaintiff, Mr. Derrick Addo Bimpeh, a Kumasi businessman in a land dispute.

It was in reaction  to a motion on notice filed in December last year by the defence counsel to dismiss the 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 was caught by estoppel 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 and that the plaintiff was bound by the outcome of the trial of the case pending.

As a result, he submitted that the suit 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.

But the court dismissed it, explaining that the motion was without merit and awarded a cost of GHc2, 000 in favour of the plaintiff.

The court said defense counsel labored under misconception of estoppel and that judgment of the lower court is an evidence in subsequent action and not enforceable.

Stating his claim, the plaintiff said 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.

According to him, 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 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.

Meanwhile, Barima Otuo Acheampong II, Otumfuo’s Kunafuohene, who allocated the said plot to 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, has collaborated the plaintiff’s claim of ownership of the said plot No. 7 Block ‘1’ currently in dispute.

According to the Asantehene’s sub chief, he sold the said plot of land, No. 7 Block ‘I’ which is now Plot No 1, Block ‘L’ after it had been rezoned by the Lands Commission and 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.

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

Pix: Otumfuo Osei Tutu II, Asantehene

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