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Judgment Debt Commission schools lawyer

Justice Yaw Apau Judgment Debt

Wed, 16 Apr 2014 Source: GNA

The Judgment Debt Commission on Tuesday schooled Mr. Seth Mensa Dumoga on violating legal procedures and standards in a land case between Abusuapanyin Nana Sankrankyi Attah and Lands Commission.

The Commission said it was wrong for Mr. Dumoga to have pursued the land case in court when a power of attorney was not directly given to him by the head of the Bentiamina Clan, Buem Traditional Area in Jasikan, but acted upon the advice of Mr. Emmanuel Ofori whom the clan gave the authority to pursue the case with the Lands Commission.

The Commission explained that the power of attorney document is prepared by a lawyer, whom the power of attorney has been given to, pointing out that it was strange for Mr. Dumoga to have received the power of attorney document from a different lawyer and acted upon it by pursuing the matter in court without first knowing the landowners.

The Commission was finding out from Mr. Dumoga about the role he played in the case which resulted in a judgment debt claim of GHc42,000 at the Ho High Court in 2008, now ballooned to GHc997,000 at its sitting in Accra.

The case is that the British colonial government acquired 32 acres of land from the Bentiamina Clan, Buem Traditional Area in Jasikan in 1943, but no compensation was paid to the clan.

The clan head, Nana Sankrankyi Atta, pursued compensation for the land acquired by the British colonial government and after several years of litigation, approval was given for compensation of GHc42,170, but payment was, however, suspended.

While the family was waiting for government to pay the money, Mr. Ofori, who was given the power of attorney by the clan, rather gave the power of attorney document to Mr. Dumoga who pursued the case in the Ho High Court and secured a judgment compensation of GHc997,000 without the knowledge of the clan.

The Clan Head, Nana Sankrankyi Atta, who earlier appeared before the Commission, said the family was unaware of the judgment and that Emmanuel Ofori and his lawyer would have taken the money in his name without his consent.

He pleaded with the authorities not to pay a pesewa to the two lawyers, but called for a more critical look into the need for compensation to be paid for lands acquired by the state.

Source: GNA