Chris Mbunwe
11 April 2008
Buea — One Sampson Funjong Anye has dragged Santa Mayor, Clement Wanki Atanga, to court for allegedly trespassing on his (Funjong) land.
According to a three-page affidavit in support of the motion served at the Mezam High Court, Barrister George Tanyi Nkecha, counsel for the applicant, Atanga and his agents on January 17, 2008, illegally entered Funjong's land situated in Santa and dumped two heaps of stones there.
On hearing that the Mayor had entered his land without prior authorisation, Funjong, who works in Mbengwi, rushed to Santa only for Wanki to chase him away.Barrister Tanyi states in the affidavit that "if the illegal and provocative acts of Mayor Wanki and his agents are not checked, it could lead to the breech of much cherished peace in the province."
He says Funjong is the owner of the parcel of land because he owns a land certificate No. 2820 Vol. 15, Folio 38 of Mezam dated February 12, 1991 and a cadastral plan of the land dated September 11, 1984.
After obtaining the approval of the building plan, Funjong is said to have embarked on the construction of a foundation for a two-apartment house on the piece of land and moulded cement blocks for the erection of the building before the Mayor illegally entered the said land.
The counsel for Funjong is praying the Mezam High Court to issue an order for perpetual injunction restraining Mayor Wanki and his agents and assigns from meddling with the said parcel of and.
Secondly, he is praying the court to order Wanki to pay FCFA 100,000 in default of the first request and for the court to equally order Wanki to pay "cost of these proceedings in the sum of FCFA 2 million as well as an order for provisional execution.
However, Barrister Francis Sama Asanga, who is holding brief for the Mayor, has filed a counter-affidavit stating that the court lacks jurisdiction to entertain the present action.
Sama says the depositions in paragraphs 1 to 9 of the applicant's affidavit are all false and hereby challenged. He argues that Wanki, contrary to depositions contained in the affidavit, has neither ever stepped on the said plot nor sent anyone to dump stones or whatever thereon.
"The respondent has never laid claims to the said land and has never chased Mr. Funjong away from wheresoever," he said.Sama regrets that Funjong is deliberately withholding the truth behind this matter abandoning the object and chasing shadows.
According to Sama, the applicant is pursing the wrong person and the allegations framed against his client are not only false, but also very defamatory.The matter has suffered three adjournments.
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