General News of Monday, 19 June 2017

Source: www.ghanaweb.com

Court adjourns judgment on Achimota School land case

Case adjorned to July 14 for judgement Case adjorned to July 14 for judgement

An Accra High Court has adjourned the judgement on the case involving Achimota School versus Osu traditional council to July 17.

The court presided over by Justice Adumah Osei ordered the parties involved to make representation to the court by July 4 upon which the court will make a final decision.

The Old students of Achimota Senior High School are in court to seek an injunction to stop the work of developers who have encroached the school’s land.

For several years, some parts of the 172-acre land belonging to Achimota High School have been taken over by land guards and developers who are putting up structures without permits which is threatening the very existence of the schools.

Several efforts to get them evacuate the land has proven futile since most Land guards claim they are the owners of the land and in some instances have threatened staff occupying school bungalows to vacate.

The school’s lands were acquired by ordinance by the colonial government from the Osu Stool in 1921 and an amount of 4,000 pounds paid to the elders of the stool.

But a protracted land litigation became murkier when the Osu Mankralo stool and a few elders went to court and averred that more than 170 acres of the land were not being used for the purpose for which the colonial government acquired it.

Consequently, the Osu Mankralo stool wants it reverted to the original owners.

A legal officer of the Lands Commission said, according to records available at the Ministry of Lands and Natural Resources, instead of informing the Attorney-General to enable the government to prepare a solid defense, the School failed to do so.

Rather, he said they went to court to state, among other things, that the state had no evidence to adduce in defense and, therefore, the court could go ahead and make a ruling.

The court then ruled in favour of the Osu Mankralo stool and his team and handed the land back to them.

The elders of Osu An Accra High Court has adjourned the judgement on the case involving Achimota School versus Osu traditional council to July 14.

The court presided over by Justice Adumah Osei ordered the parties involved to make representation to the court by July 4 upon which the court will make a final decision.

The Old students of Achimota Senior High School are in court to seek an injunction to stop the work of developers who have encroached the school’s land.

For several years, some parts of the 172-acre land belonging to Achimota High School have been taken over by land guards and developers who are putting up structures without permits which is threatening the very existence of the schools.

Several efforts to get them evacuate the land has proven futile since most Land guards claim they are the owners of the land and in some instances have threatened staff occupying school bungalows to vacate.

The school’s lands were acquired by ordinance by the colonial government from the Osu Stool in 1921 and an amount of 4,000 pounds paid to the elders of the stool.

But a protracted land litigation became murkier when the Osu Mankralo stool and a few elders went to court and averred that more than 170 acres of the land were not being used for the purpose for which the colonial government acquired it.

Consequently, the Osu Mankralo stool wants it reverted to the original owners.

A legal officer of the Lands Commission said, according to records available at the Ministry of Lands and Natural Resources, instead of informing the Attorney-General to enable the government to prepare a solid defense, the School failed to do so.

Rather, he said they went to court to state, among other things, that the state had no evidence to adduce in defense and, therefore, the court could go ahead and make a ruling.

The court then ruled in favour of the Osu Mankralo stool and his team and handed the land back to them.

The elders of Osu Mankralo stool then proceeded to sell the land to some private developers who had begun developing the area in earnest.

But members of OAA are against reverting the school’s land to the Osu Mankralo stool, so they went back to court to seek an injunction to stop encroachers from developing on the land.

The court initially scheduled June 19 for the final judgement but adjourned it to July 14 to allow parties involved to file their argument for final judgement.
stool then proceeded to sell the land to some private developers who had begun developing the area in earnest.

But members of OAA are against reverting the school’s land to the Osu Mankralo stool, so they went back to court to seek an injunction to stop encroachers from developing on the land.

The court reserved judgement on the question of which of the 67 encroachers will be liable to pay damages for the destruction and to have their property repossessed by the School.

The court ordered lawyers to file legal arguments on this question by 4th July 2017 and for final orders in that respect to be made on 17th July 2017.