Accra, Nov. 13, GNA - An Accra Fast Track High Court (FSHC) on Tuesday set out for trial the case in which the 31st December Women's Movement (DWM) is alleged to be illegally occupying a confiscated property belonging to the Dakmak Enterprise.
The court at its sitting asked the plaintiffs to prove that the property, which was confiscated under the Armed Forces Revolutionary Council (AFRC) Decree 6, was later de-confiscated and handed over to the plaintiff.
The Dakmak family filed a suit at the court asking it to declare that the 31st DWM occupation of property No. 16 at North Ridge residential area was illegal and had no right to remain in that property.
The court presided over by Mr Justice K A Ofori-Atta adjourned the case to January 23 and 24, 2008 for trial.
The court would also have to declare whether or not the said property was confiscated under the Armed Forces Revolutionary Council (AFRC) Decree 6, or Provisional National Defence Council (PNDC) Law 325. It would determine whether or not under the transitional provision of the 1992 Constitution the plaintiff could bring an action against defendant (31st DWM).
Mr Thaddeus Sory, counsel for the Dakmak family in his application prayed the court to declare that the defendant occupation of the plaintiff's property at No.16 North Ridge residential area was wrongful. He said the defendant had no colour of right to remain in the plaintiff's property and retain possession.
Mr Sory also asked the court to order for an immediate recovery of the property from the defendant in favour of the plaintiff. He said since the property was confiscated on August 3, 1979 the Dakmaks had lost a lot of revenue that would have accrued to them if they had rented it to a third party.
Mr Tony Lithur, counsel for the 31st DWM in his submission maintained that the Dakmaks' property was properly confiscated under AFRC decree 6 and that the property had not been de-confiscated as alleged by the plaintiffs.
