21 May 2018

Ghana: Three Surveyors Sued Over Destruction of Plantation

Kumasi — Three surveyors have been sued at a Kumasi High Court by sixteen siblings for allegedly destroying their 10 acres of cassava and plantain farm valued at GH ¢6, 500.

The surveyors, Messrs, Kwaku Marfo Manu, Owusu Tawia and Nana Amamayo Asare (defendants in the case) are said to have trespassed on the land and allegedly hire a bulldozer destroy the 10-acre farm cultivated by the siblings (plaintiffs).

They were said to have been commissioned by the new chief of the town, Nana Appiah Nuamah Kwadjan V, to demarcate the land into building plots for sale by prospective developers.

The surveyors were to be compensated with 186 plots by the chief after the job was done.

However after the job, the chief was said to have offered them only 100 plots, thus compelling them to attach the 10-acre cassava and plantain farm of the siblings.

The plaintiffs are therefore seeking an order of perpetual injunction restraining the defendants, their assigns, agents, labourers, servants, workmen or anyone claiming through them from interfering with they (plaintiffs) enjoyment of the land in question.

In the statement of claim, the plaintiffs indicated they are siblings and beneficiaries under the Will and Testament of Eric Kwame Sencherey Bonsu, their deceased father, letters of Administration of whose estate was granted to them (plaintiffs) and in whose favour a Vesting Assent has been prepared and executed in respect of all the land situated at Twinidruase, near Kotwi in the Atwima Kwawoma District of the Ashanti region.

The said documents, Letters of Administration and Vesting Assent have been stamped and registered under the Title Number 9640 and serial Number 122/2011.

According to the claim, the Plaintiffs' father during his lifetime obtained a lease of a parcel of land measuring 12.14 acres which was registered under the Land Registry Act for a term of 50 years from January 1, 1978.

It indicated that the late Bonsu acquired the land on Essouwin Stool from the then Essouwin chief, Nana Kofi Akyina III, which acquisition was done with the consent and concurrence of the Odikro, Etwi Kwaku of Twinidruase and another principal elder being Gyaasehene.

On October 30, 1981, the late Bonsu's title to the disputed land was perfected when a 50 year lease was prepared in his favour by the then Essouwin chief with the Asantehene, Otumfuo Osei Tutu II, as confirming party.

However, Messrs, Kwaku Marfo Manu and Owusu Tawia have demarcated portion of the land into building plots and apparently sold some to members of the public who have cart sand and stone onto the plots in preparation for development of same.

Plaintiffs, therefore, state that "unless restrained by the Court, the defendants would persist in their trespassory acts and dispose them (plaintiffs) of their lawfully acquired land to members of the public much to their detriment.

And, are seeking general damages for trespass as well as special damages of GH ¢6,500.00.

The defendants are yet to file their defence.

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