GAF files defence in Kpone Traditional Council case

Tema, June 28, GNA - The Ghana Armed Forces (GAF) has filed its statement of defence at the Tema High Court in response to a writ of summons issued against the Military by the Kpone Traditional Council (KTC) for allegedly occupying part of its stool lands near Michel Camp illegally.

The statement of defence was filed on June 20, together with notice of entry of appearance and opposition to the grant of interlocutory injunction by Mr D. Cab-Beyuo, Chief State Attorney for the Attorney-General and Minister of Justice.

The Kpone Traditional Council (KTC) and Nii Joseph Kwaku Teye, Gbetsile Mantse on May 5 2008, issued a writ of summons against the Military for illegally occupying portions of the Kpone Stool lands. The writ of summons named the Commanding Officer of the First Battalion (1BN), the Chief of Defence Staff and the Attorney-General as the first, second and third defendants, in that order.

A copy of the defence statement dated June 13, made available to the Ghana News Agency stated that, the Tema Development Corporation (TDC), through whom the lands were acquired by the State for the Military in the Tema Metropolis had been vested, intentionally created buffer zones in the south and south-west part of Michel Camp to clearly define the boundaries of the Military lands.

It further stated that due to the delay in the acquisition of the lands by the government for the Ghana Armed Forces, a lot of people started putting up buildings within that portion of the buffer zone, which led the Military to take steps to prevent such activities. It, however, said the developers saw their actions as harassment and therefore complained to the Lands Commission.

Part of the statement noted that Major Owusu, the Acting Commanding Officer and a group of soldiers went unto the said land to protect it from trespassers, since the Ministry of Defence had not granted any licence to any developer.

The statement said the KTC did not object to the Military using the land provided the Government would properly acquire it and pay them a fair and adequate compensation as stipulated in the 1992 Constitution, noting that, this was after it had come to light during a meeting between the Lands Commission, the GAF and the KTC on May 5, 2005 that even though the land in contention had not been acquired by the State it was needed by the Military.

Meanwhile Justice Nana Tawiah Gyamera, a Tema High Court Judge on 23rd June 2008, adjourned the case to 7th July 2008 and ordered the defence counsel to serve the plaintiffs with the statement of defence since Mr Prosper Xorla Nyaho of Afadjato Chambers; solicitors for the Plaintiffs, said they had not been served.