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Regional News of Tuesday, 19 January 2016

Source: New Crusading Guide/Paa Kwesi Agyefi

RE: Police, Comet landguards hassle Kwabena land developers

Comet Properties Limited is a Limited Liability Company Registered under the Laws of the Republic of Ghana to Undertake Real Estate Development. For this purpose and unto this end the company legitimately acquired a large tract of land from the chiefs and families of Berekuso in the Eastern Region of the Republic of Ghana as far back as 2002.

The Total acreage of the Land acquired by the company is about 1500 acres more or less on or 5KM². After acquiring the land the company took steps to demarcate the land with survey pillars and proceed to register its title to the land in the Land Registry of the Lands Commission, Koforidua to give notice to the whole world.

The company then moved unto the land, drew up a development scheme approved by the requisite District Assemblies, constructed drains and gutters, constructed roads and provided utility services in the nature of Electricity and water. All these projects carried out in the eyes of the whole world with electronic and print media advertisements.

The company went on to erect residential houses for sale to intending and prospective owners and tenants. The company also made grants of land to interested persons who have developed these lands to various levels of completion without let or hindrance after registration ever since it acquired the land the company has respected all those it shares boundary with but has nevertheless defended its title to the land together with grantors.
The company as a legal entity has solicited the assistance of the police as when required to protect its investment and grantees.

The attention of the company has been drawn to a publication which appeared in the Crusading Guide issue of Tuesday, the 12th day of January, 2016 with the above heading as its caption. The company does not only find the said publication objectionable but states in no uncertain terms that the publication is defamatory. No opportunity whatsoever was given to the company to react to whatever information you claimed to have received.

Lawyer Nana Odeneho Kyeremateng aka Kwaku Kyeremateng is not the Managing Director of Comet properties and therefore any call directed to him which we deny is an exercise in futility. Mr. Kwasi Peprah is the Managing Director of Comet House, Ring Road Central, Accra.

It also appears that your outfit did not take any precaution to check through the public records for answers to question that could have been resolved easily before making any publication such as you did which goes to the root of a registered company’s business. The boundaries between Berekuso lands and the Odai Ntow Family of Ashongman is indicated in a 1904 judgement in a civil suit entitled Bosopem Vrs. Martei.

Based on the said judgement the Odai Ntow Family has drawn up a statutory declaration registered as No. 2551/1977 indicating delcarring its interest. The grantors of the company have at all times respected and held theselves bound by the Decision of bosompem Vrs, Martei. A case in point is when in 2005, the high court, fast track division, Accra presided over by His Lordship Justice Gyeseayor (J) as he then was visited the land in the case of Patell Vrs. Comet properties.

It is rather unthinkable that after nearly Fifteen (15) years of occupation and possession the Odai Ntow should decide to traverse the developed portions of the lands from the boundary measuring over 5KM to claim land that is not contingent to the land it has declared in its statutory declaration.

It has never been the duty of parties in a land suit or the police to impose survey fees. The imposition of survey fees is the prerogative of surveyors who take instruction from the parties. Similarly it was not the police commander at Aburi who imposed the survey fees of GH? 4, 000 party. It was the specific request made by the director of survey for the purpose of enabling surveyors to go onto the land claimed by the parties in relation to their parties in relation to their document.

If you had taken pains to research the public records, you could have found out the documents we have mentioned, the claims of the parties and the situation as it is on the ground. You could have also ascertained when visionary face serviced was incorporated, when it acquired its land and could have compared this with that of Comet properties limited. The truth of the matter is that the Odai Ntow Family has no interest in the disputed land capable or transfer to visionary face services. Such a claim should also not found the procurement of land title certificate no. GA 45764 which was procured by fraud and misrepresentation.

Rather that castigate the district police commander Aburi, for her involvement in the dispute, she ought to be commended for the bold and courageous steps she took to avert what no one would wish to happen. If ever there was to be an aggressor in this matter it should be found in visionary face services and its purported grantees. The lease said about this better. You may however ask whether the Land Title Registry, Accra has the mandate to issue a Land Title Certificate over Land situate and already registered I the Eastern Region.