Land case against McDan, another: Plaintiff owns land - Lands Commission Witness

The ownership of a parcel of land at East Legon became the focus of questioning when a representative of Lands Commission mounted the witness box to give testimony in the case in which business magnate, Dr. Daniel McKorley, Chairman and CEO of McDan Group, and one other have been sued for allegedly trespassing on the land in contention.

The plaintiff, Magnus A. L. De Souza, has sued Joseph Nii Mensah Ashong and Dr Mckorley for allegedly trespassing on his land.

Nii Akwei Bruce- Thompson, counsel for the plaintiff, Magnus A. L. De Souza, who questioned the subpoenaed witness from the Lands Commission on the ownership asked, “So far as the Lands Commission is concerned, who is the owner of this land”.

In her response, the witness, Jacqueline Osarfo Dikoh, who is a Senior Lands Administration Officer and represented the Executive Secretary of the Commission confirmed to the court that Magnus A. L. De Souza is the owner of the land.

To buttress her point when she was subjected to questioning from Counsel for Mr. De Souza, the subpoenaed witness explained that documents at the Commission indicated that the government granted a lease on March 25, 1977 to Prof. David Kpapko Acquaye.

She added that per a Deed of Assignment, dated November 8, 1995, Prof Acquaye further assigned his interests to the plaintiff, Magnus A. L. De Souza.

She submitted to the court relevant documents supporting her testimony before the court.

They include the Deed of Assignment from the Government of the Republic of Ghana, to Professor David Kpakpo Acquaye, dated March 25, 1977, Deed of Assignment from Professor Acquaye to Mr. Magnus A. L. De Souza dated November 8, 1995, Consent issued by the Lands Commission, Letters exchanged between the plaintiff’s lawyer and Lands Commission in which they confirmed that Deeds submitted, to the Court, by the defendants, in an earlier case, on the same matter, were substantially different from leases emanating from the Lands Commission. Ms. Jacqueline Osarfo Dikoh also confirmed that Mr. De Souza had paid the Stamp Duty and all Ground Rent, on the Land including and up to 2024.

The Lands Commission witness further confirmed that the British Colonial Goverment had acquired the land in 1944, for the expansion of the airport. The Government of Ghana, she said, had sold the lease to the land to Professor Acquaye who in turn sold the land to Mr. De Souza, thus confirming the root of the title.

The judge, Justice Rita Abena Abrokwa Doko, instructed that photocopies of the documents tendered, from the file of Lands Commission, should be submitted to the court and also instructed the plaintiffs lawyer to serve them on the lawyer for the defendants.

The case had been adjourned March 4th 2024 for cross-examination.

Background

Mr De Souza had sued Joseph Nii Mensah Ashong and Daniel Mckorley for allegedly trespassing on his land, and the first hearing was on 31st July 2017.

On February 13, 2020, De Souza’s lawyer filed in support of Motion on Notice, for an Interlocutory Injunction.

On February 13, 2020 Justice Doko placed an interlocutory injunction and Ordered that the defendants, whether individually or collectively, their assigns, workmen, labourers, family members and or anyone remotely connected with them is restrained from interfering with the plaintiffs enjoyment of the land and from trespassing on same accordingly, until the final determination of the suit.

However, the first defendant- Ashong, in his defence, had refuted the claim of the plaintiff, insisting that his late father acquired the disputed land in 1974 from the Nii Odoi Atsem family of La, and went into immediate possession after the acquisition.

The plaintiff, he contended, was a non-Ghanaian, and therefore acquiring an interest in the land for more than 50 years was unlawful and a violation of the Land Act, 2020 (Act 1036) and the 1992 Constitution. However, this was refuted in open court by the plaintiff who under cross-examination, in July 2023, by the defendant’s lawyer, calculated that the plaintiffs lease had not expired.

The defendant further added that he started construction on the land in 2000 but decided to pull it down to begin the current construction because of financial support from his partner. He had stated in his Statement to the Police that the land was granted to McDan by the his family by name Nii Odoi Aksem family of La and Okponglo.

"Neither the plaintiff nor his grantor has possessed the land in dispute, or entered or done anything on the disputed land for these years that they claim to have acquired the land. If the plaintiff or his grantor did have any interest in the disputed land, that cannot be the reality now as for the past 10 years they have not developed or exercised any act of possession on the land", he added.

The Lands Commission witness however gave evidence that in their files Mr. De Souza is the registered owner of the land.

The case has been adjourned to March 4, 2024.

GA