The Ebusuapanyin of Krobo-Nsi (near Senya Bereku) has dragged the National Chairman of the ruling New Patriotic Party (NPP), Harona Esseku, to court and is challenging his authority to sell a portion of land to His Excellency Blaise Campoare president of Burkina Faso, and other people who also bought portions of land around the area.
Ebusuapanyin Seleem Ishak who instituted the court action is the head of the Asona family of Krobo-Nsi. Jointly charged with Mr. Esseku is one Nicholas Tetteh a citizen of Senya Bereku.
According to the report carried by “The Independent” a private newspaper, the head of the Amartey Safo Anona family of Senya Bereku also known as Kroboano, Nenyi Kobina Andowu and two of his elders, have also dragged Mr. Esseku and nine others to a Cape Coast High Court presided over by His Lordship, Justice Acquaye, over the sale of land in the area including that sold to president Blaise Campoare.
The nine others are Nenyi Akondo XII, Nenyi Kobena Afer Otwendo, Nenyi Kofi Bonney, Nenyi Nicholas Tetteh, Nenyi Kow Davis, Nenyi Kofi Annobi VI, Naase Nkwanta Otuba, Nenyi Kow Egyare and Nenyi Kofi Kyikyibi.
The two elders are Nenyi Kwame Baah and Nenyi Kow Abbiw-Oprem.
Both suits are praying the court to grant them a perpetual injunction restraining the NPP national chairman and the others from arrogating to themselves the power to sell lands without the prior approval of the head of Krobo-Nsi Asona family and the head and elders of the Amartey Safo Anona family.
In his statement of claim, Ebusuapanyin (family head) Ishak noted that he has the right to sell lands at Krobo-Nsi but Messrs. Esseku and Tetteh “have unlawfully and without any authority entered the said demarcated parts and portions of the said lands and given the same to various persons who have commenced construction works thereon.
Ebusuapanyin Ishak also claimed that he has instructed his relations who live at Krobo-Nsi Patuduasi to prevent tresspassers and encroachers from entering the said land. He stated in his claim that Messrs Esseku and Tetteh have unlawfully resorted to the use of the police to harass the plaintiff’s relations.
Ebusuapanyin Ishak in his suit is seeking amongst other relief a declaration that the plaintiff’s family owns the Krobo-Nsi Patuduasi lands with possessing title to the said lands. He is also seeking a relief of a payment of general damages for trespass and declaration that Mr. Esseku and Tetteh are tresspassers.
Nenyi Kobina Andoh and his two elders in their statement of claim noted that the 10 defendants including the NPP chairman are all members of the Akondo Anona family but have no right to sell lands as they have been doing.
Among others the plaintiffs are seeking a “declaration that Senya Bereku lands can be validly alienated or demised only with the consent and concurrence of the head and elders of the Amartey Safo Anona family.”
They are also seeking a declaration that the lands sold by the defendants without the consent and concurrence of the head and elders of the Amartey Safo Anona family be declared null and void.
The suit also prayed the court to order the defendants to account to the plaintiffs all the proceeds accruing from the sale of lands of Senya Bereku and as well pay to the plaintiffs 50% of all the proceeds accruing from the sale of the land.
In a statement of defence filed by Ebo Barton Oduro, counsel for the defendants, they (defendants) denied almost all the claims and explained that they rather have the authority to sell land at Senya Bereku.
They contended that the head of the plaintiff’s family is one Essel and not Nenyi Kobina Andowu and added that the plaintiffs are not principal members of the said family.
The defence pointed out certain flaws in the statement of claim describing it as misrepresentation of facts and rather set the records straight supporting it with rulings in cases by the law courts Houses of Chiefs as well as Stool Lands Boundary Commission.
It said the plaintiffs have never ever in the history of Senya Bereku been clothed with the capacity to alienate Senya Bereku lands.” The case has been rescheduled for hearing October 27, 2003.
Newsinghana
