A family in Accra has sued two persons for allegedly trespassing on a parcel of land belonging to the family after attempts to get the police to stop destruction on the land proved futile.
Vivian Kokui Tamakloe, Solomon Fui Tamakloe and David Chidi Tamakloe, the plaintiffs sued Richard Hlomador and Afred Stevens at the Lands Court, Accra for trying to forcibly appropriate portions of a parcel of land bequeathed to them by their late father, Jacob Kofi AtterhTamakloe.
The plaintiffs want the court to delcare and confirm the title of the deceased Tamakloe for all that piece land situated at Tesano, Accra near the Police Training Depot.
They asked the court to perpetually injunct the defendants, agents, assigns, workmen, privies from interfering on the land and award cost in damages against the defendants for trespass.
In the statement of claim dated April 7, 2022 and signed by their counsel, Samuel QuamsahAnsah of S & H Group, the plaintiffs said that their father died intestate on July 31, 2006 and named them (plaintiffs) as executors of his Will and Testament wishes dated March 20, 2006.
The plaintiffs stated that on August 28, 2007, the High Court, Accra granted probate to them to administer the Estate of Jacob AtterhTamakloe.
The plaintiffs said their father until his death on July 31, 2006 was the owner of all that piece and parcel of land being lying and situated at Tesano.
They said that on April 28, 1959, one Joseph Anna Tetteh who acquired the land through a Deed of Gift and registered it at the then Stamp Commissioner’s Registry with number 901/1959 conveyed to their father all that parcel of land.
Thereafter, the plaintiffs said the indenture as executed between their father and Tetteh was registered at the Land Title Registry with number GS. 2908 and with the Volume number 25 Folio 52 in the Land Register.
It is their case that the deceased upon the acquisition of the said property in 1959 was the first person to settle within the vicinity where the subject matter is situated.
The plaintiffs said their father put up houses on parts of the land one of which was occupied by himself until his demise, warehouses and trees as demarcation and granted permission to some mechanics who had operated on the land for approximately 30 years.
They said the deceased had been in active possession of the land for half a century until in 2021 when the defendants and their workmen started to harass the mechanics claiming ownership of that portion of land.
The family said that they caused their solicitors to write to the trouble makers to disclose their title over the land to demand that the harassment of its licensees be stopped and which harassment was stopped for a while.
Following that, the plaintiffs said the first defendant approached the first plaintiff on a number of occasions and expressed interest in acquiring a vacant portion of the land and made offers to buy same, however, he was informed on all occasions that the said portions were not for sale.
The plaintiffs said on Tuesday, April 5, 2022, workmen and agents of the defendants accompanied by hire men from Tesano Police Station came unto the vacant portion of the land and bulldozed the land and fell trees planted by their late father.
The family said that they reported the matter to the Accra Regional Police Command upon which a team was deployed to stop the trespassers but despite the intervention of the police, the defendants clandestinely trespassed on the land to work, adding that on April 6, 2022, a representative of the first defendant, InusaAmadu told Samuel Tamakloe during a meeting at the Greater Accra Police Headquarters that they(defendants) would not stop trespassing on the land until ordered by the court.
BY MALIK SULLEMANA