Re: Gbawe Kwartei family cries out to President, CJ, Mayor

The Adam Kwartei Royal Family of the Gbawe Stool of the Greater Accra Region, have cleared the uncertainties surrounding the true ownership of the Akokorfoto land at Dansoman, a suburb of Accra.

Lately, there have been reports in sections of the media claiming that the said vast land belong to the Sempe Stool, this the Adam Kwartei family indicated are "twisted facts and misinformation."

At a press conference to set the records straight and unveil the relevant information which have legally been endorsed, the Public Relations Officer of the Gbawe Customary Land Secretariat, Stephen Kwaku Darku, revealed that a High Court Judgment dated 11th July 2006 presided over by His Lordship Justice Victor Ofoe, ruled against the Sempe Stool and declared that, they, the Adam Kwartei Royal Family are the rightful owners of the Akukorfoto Land.

This claim which was published in earlier information on September 12, 2014 has been declared palpably false in a statement signed by Lawyers for Sempe Stools on 20th September, 2014.

“Our client’s attention has been drawn to publications in the Daily Heritage edition on Friday, September 12, 2014 and the GhanaWeb whereby Gbawe Kwatei Family claims to have cleared the uncertainties surrounding the true ownership of the Akokorfoto land at Dansoman and thereby denying the reports in the media that the said land belongs to the Sempe Stool. This claim, we are instructed, is palpably false” it statesmen said.

Below is a full document of the rejoinder written by Lawyers of Sempe Stools to disclaim an earlier report by “Daily Heritage” Friday edition and on GhanaWeb on 12th September, 2014.

RE: GBAWE KWARTEI FAMILY CREIS OUT TO PRESIDENT, CJ, MAYOR We write as Solicitors for and on behalf of the Sempe Stool of James Town acting per the occupant and the elders of the said stool; and whose instructions have taken in respect of the above subject matter.

Our client’s attention has been drawn to publications in the “Daily Heritage” edition on Friday, September 12, 2014 and the Ghanaweb whereby Gbawe Kwatei Family claims to have cleared the uncertainties surrounding the true ownership of the Akokorfoto land at Dansoman and thereby denying the reports in the media that the said land belongs to the Sempe Stool. This claim, we are instructed, is palpably false.

According to the said publication “… a High Court judgment dated 11th July, 2006 presided over by His Lordship, Justice Victor Ofoe ruled against the Sempe Stool and declare that… the Adam Kwatei Royal Family are the rightful owners of the Akokorfoto land.

However, it is worth mentioning that prior to the said judgment, the land in question had previously been declared to be part of the Sempe Stool lands by Acolatse, J (as he then was) in the case of Nii Yao Daude Crabbe vrs. J. A. Quaye (Suit No. 22/1948), judgment of the High Court dated 10th May, 1963.

The judgment was subsequently affirmed on appeal by both the court of Appeal (in Suit No. 50/66, 31st July, 1970) and the Supreme Court ([1989-90]2 GLR 393-407; 31 July, 1990), both of which decisions apportioned lands to the South West Accra among the Sempe, Jamestown Alata and Sempe Stools.

The Gbawe Kwatei Family is presently embroiled in s suit with our clients over title to Akokorfoto lands in Suit No. SOL 24/2010 titled “Benjamin Adotei Allotey & Ors Vrs. Nii Adam Quartey. In this suit the High Court Land Division presided over by His Lordship, Mr. Justice S.H Ocran on the 10th day of June, 2010, restrained Nii Adam Quartey, his servants, agents, stool subjects, hirelings, grantees and all persons claiming or deriving their interest from Adam Quartei and the Gbawe Stool from dealing with disputed land which includes the Akokorfoto land pending the final determination of the suit; which said ruling and the suit are still pending.

Subsequent appeal by the said Nii Adam Quartey of the Gbawe Stool against the ruling of the High Court to the Court of Appeal in Suit No.H1/64/2012 was dismissed on 19th April, 2012. Meanwhile, on the 5th day of April, 2012, the High Court, Fast Track Division presided over by His Lordship; Mr. Justice S.K.A Asiedu had dismissed a contempt application brought against Benjamin Adotey Allotey & 7 others by the said Nii Adam Quartey of the Gbawe Stool.

Whilst the above mentioned Suit No. SOL 24/2010 was pending; the said Nii Adam Quartei who is the Defendant in that case (i.e. party to that suit) surreptitiously went to another division of the High Court and without notice to the parties in that suit and the grantees of the Sempe Stool and the occupants of the Akokorfoto lands, obtained an Order of Mandamus compelling the Accra Metropolitan Assembly (A.M.A) to demolish the properties on the Akokorfoto lands as constituting slums.

When the said Order of Mandamus came to the notice of our clients and the occupants of the Akokorfoto lands, some of the occupants (the plaintiffs therein) issued Writs of Summons and Statement of Claim against the said AMA. Upon the service of the said Writ of Summons and the Statement of Claim on the said Assembly, the said Assembly filed a motion on Notice to dismiss the said Writ of not comply with the provisions of sections 127(1) and (2) of Act 462; i.e. the Plaintiffs therein failed to give the said Assembly one month written notice of the said Plaintiffs intention to commence the suit.

The Honorable High Court, Fast Track Division (2) presided over by His Lordship, Mr. Justice K.A. Ofori Atta on the 25th day of February, 2014 stayed proceedings for the said Plaintiffs to comply. In compliance with the order of the said High Court, the Plaintiffs filed the Notice Intention to commence actions against the said Assembly.

In exercise of its right of appeal, the said Assembly filed a Notice of Appeal dated 11th March, 2014 which said appeal; is still pending for determination. In the light of the foregoing our clients have instructed us to respectfully bring these developments to your notice and the general public and to further state that any attempt at demolishing the properties on the Akokorfoto lands would amount to unlawful interference in the administration of justice; a conduct which is tantamount to contempt of Court.

By this rejoinder, the general public is being informed is disregard the said publications as the claim is false.

We have instructions from our clients to further give notice and NOTICE is hereby given to the general public to desist from any dealings with the said Gbawe Kwatei Family in respect of the aforementioned lands.

CONTACT NUMBERS: 0208151804, 0243338908, 0245064607
We are most obliged.

PP: KAB & CO. LAW CONSULT
(TRUE VINE CHAMBERS)
LAWYERS FOR SEMPE STOOL
P. O. BOX GP 18620
ACCRA-GHANA