Subverting Powers Of The Court
The fate of the barely two-month old Tema Regional Police Crime Officer, Chief Superintendent Cuthbert Mweyang Apengnuo appears to be hanging dangerously on a balance.
Information reaching this paper is that young officer has landed himself into a web of troubles following alleged attempts to turn his office to an appeal court and blatantly disregarding the powers of an Accra High court ruling over a parcel of land.
In a strongly worded petition to the Inspector General of Police (IGP) by Lawyers of a Real Estate company, Setho Classic Engineering Company Limited and signed by its Lawyer, Prosper Xorla Nyahe Esq accused the two-month old Crime Officer of the region of usurping powers of the courts and running a parallel court in his office.
According to pieces of credible information made available to this paper from the police Headquarters in Accra, the IGP who is worried about how some police officers bent on continually dragging the name of the police institution is not taking the petition lightly.
The petition which this paper intercepted states “the gist of my client’s complaint is that it acquired a parcel of land from Appolonia Stool and a deed of lease was executed by the Appolonia Mantse in favour of my client, and the paramount Chief of Kpone, Nii Tetteh Otu II signed the said Indenture as a confirming party. It must be stated that Kpone Stool has allodial certificate covering a large tract of land within which which my client’s land falls”.
The lawyer in his petition furthered that upon acquiring the land, his client took possession of the land and constructed residential buildings on the land and also alienated portions of the land to numerous people who have also built on it.
“My client remained in the undisturbed possession of the land till recently when HFC bank limited started laying false claim in respect of my client’s land. According to the said bank, it acquired the land from Naak Estate Limited.
When the said bank realized that it cannot forcibly take control of my client’s land, it instituted legal action against my client. The said bank subsequently filed an application for interlocutory injunction seeking to restrain my client from enjoying its legally acquired property.
The High Court, Land Division upon hearing the respective arguments canvassed by the disputant, dismissed the HFC Bank’s application. Soon thereafter, Naak Estates limited who is the grantor of HFC Bank through its managing director, Alfred Ankamah Nuamah started harassing my client with thugs on the land”, the lawyer continued in his petition.
The Lawyer stated that though, the Regional Crime Officer was served with the High Court ruling on the land and was also notified that the same issue was pending before an Accra High Court again, the Crime Officer who seems to have his hands tight is desperately requesting to have his client’s and that of Naak Estates’ composite plans for him to determine the actual owner of the land which is being handled by the court.
This, according to the lawyer, was a clear case of contempt of court and a total disregard to the 1992 constitution of Ghana which abundantly states that the police have no jurisdiction to determine civil matters.
According to the said court ruling that dismissed the application of HFC Bank Limite to restrain Estate company from proceeding to develop the parcel of land situate at Appolonia, the Accra High Court, Land Division refused to grant them the injunction stating that the lawyers of the disputant failed the reasons to grant them the application.
The ruling stated that documents of the said parcel of land filed by HFC Bank to prove its application were dated 22nd December, 2008 but it was on 26th day of March, 2014 that HFC Bank presented to the high Court Registrar Accra to proof the Oath and has not been stamped or registered.
The Justice of the High court, Land Division, Justice S.H. Ocran refused to grant the injunction and granted Setho Classic Engineering Company Limited right to continue developmental projects on the land.
The Judge delivering his ruling stated ‘’Even though Exhibit FOY’1 is dated 22nd December, 2008, it was on 26th day of March, 2014 that it presented to the high Court Registrar Accra to proof the Oath. It has however not been stamped or registered, and therefore, does not confer right as held in Nartey vrs Mechanical Lloyd Assembly Plant Limited 1987-88 2 GLR 314’’.
‘’The defendants on the other hand claim to have acquired their land from the chief of Kpone-Apolonia. That the Kpono-Apolonia is a sub-stool of Kpone Stool, which stool has a Land Tittle Certificate. The defendants pleaded that Nii Mensah Bossah ll who is Naak Estates grantor together with other chiefs sued NiiTeiAdumall Apolonia Mantse, Nii Tetteh Out ll Kpone Mantse and applied for injunction in suit number SOL/41/12 and same was dismissed’’, Justice S.H. Ocran noted .
The Judge further that HFC Bank Limited also deposed that they took the land so as to put up house for public servants and has put up houses on portions of the land, most of such house being at an advance stage of completion.
The High Judge noted that Setho Classic Engineering Company Limited however says same of the houses are completed and people are residing in them.
He underscored that since HFC Bank Limited to use the land to build, but it is not ready, but the Defendant is already on the land building, grant of the application will not be in the interest of the Ghanaian society.
‘’Since the plaintiff/Applicant has not been able to demonstrate that it has an interest which ought to be protected by an injunction, but the Defendant/Applicant has demonstrated that it had its land from persons with a Land Certificate, and they already on the land developing the grant of this application will work more hardship on them. I therefore dismiss the application’’, the Judge concluded.
