A writ of summons has been filed before a Kumasi High court by one John Kwabena Owusu, a resident of Obuasi, against the Adansi West District Assembly (AWDA).
The action is for wrongful, illegal and unlawful demolition of the plaintiff's uncompleted building situated at Boete atObuasi in December last year. It comes after a month's statutory notice of the plaintiff's intended action.
The plaintiff is asking for a declaration that Plot No 39A Block D is vested in him.He is also claiming general and special damages for the recovery of ?29,800,00 being the value of the structure the assembly demolished unlawfully.
The AWDA is accused of tresspassing, following which the plaintiff has also asked the court for an order for perpetual injunction restraining the defendant assembly and its agents from interfering with the plaintiff's property in dispute.
The assembly has since entered appearance to defend the plaintiff's claims.
In a statement of claim, the plaintiff said he acquired the building plot in dispute from one Mr. M.B.. Turkson who genuinely acquired the plot from the assembly which issued an allocation note to that effect. It had on January 27, 1999 also granted Turkson a building permit No.4/99 after which Turkson transferred absolute interest to the plaintiff on affidavit per a statutory declaration dated June 4, 2001 under the Statutory Declaration Act No.389 of 1971.
Owusu stated that the defendant was duly informed about the transfer for which the defendant asked the plaintiff to pay a transfer fee of ?50,000 which was duly receipted vide receipt no.BNO 0973233, all title deeds in respect of the plot given to the plaintiff by the assemby.
After that the plaintiff developed the plot to linthel level in accordance with the approved permit which was issued by the defendant.
On December 3, last year, however, the defendant, without notice - demolished the uncompleted six bedroom house. The assembly has failed to take advantage of a month's statutory noitce to resolve the issue hence the legal suit by the plaintiff.
The orignal allotee of the plot (Turkson) had in November last year reminded the Assembly that bythe defendant's letter of November 11, 2002 it was plots Nos. 23A and 39 A of Block Cwhich had been revoked and not Plot 39A Block D for which the Assembly had granted and approved of a building permit on January 27, 1999.
The district Town and Country Planning officer, on November 5, 2002 had corroborated that position thatit was 23A, 26A and 39A of Block C that had been revoked in line with Part VI section 27 sub-section 1 of the Town and Country Planning Ordinance CAP 84 of 1945 and Part 2 section 51 sub-sections 1 and 2 of the Local Government Act 462 of 1993.
The Town and Country Planning department earlier in 1996 granted the development permit No. X/OB/BT/SCE17/D/96 for the plot in question. Chronicle has seen a letter of July 16, 1990 which referred to the allocation of the said plot to the orignial allotee for building purposes.
Chronicle also fond out that the Akrokerrihene, Nana Asare Bediako II had on October 27, last year, also endorsed the allocation of the said plot which is on the Akrokerri Stool lands.
Even after the assembly had demolished the building in dispute in December last year, the palintiff continued to pay unassessed building fee to the assembly on January 13, this year,which was receipted per receipt no. 054310.
