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Regional News of Wednesday, 29 October 2014

Source: Cletus Abaare

Tema Police Commander In Big Trouble

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The Tema Regional Police commander, Deputy Commissioner of Police (DCOP), Mrs. Beatrice Z. Vib-Sanziri is reportedly trembling in fears after knowingly overthrowing an Accra High Court ruling and turning her office into a land court division.

According to an insider information, Mrs. Beatrice Z. Vib-Sanziri has allegedly confessed to her close pals that her fate as a regional police Commander appears to be hanging dangerously on a balance, after being served with a contempt of court summons by Lawyers of a Real Estate company, Setho Classic Engineering Company Limited, yesterday, 28 Oct. 14.

According to our information, the Commander whom many believe is not strong enough to lead the Tema Regional Police is now fumbling and cursing God for landing her into such trouble which is capable of throwing her into jail and ruining her future.

Our sources told us that the Commander who is barely two years in the Tema Region landed into the web of troubles after blatantly disregarding the powers of an Accra High court's ruling over a parcel of land and allegedly backing some landguards to destroy building belonging to innocent persons under the supervision of her armed personnel.

The information has it that the Inspector General of Police (IGP), Mr was petitioned by Lawyers of the Real Estate Company led by Prosper Xorla Nyahe Esq over the Tema police command blatant disregard for the powers of the court.

According to pieces of credible information made available to this paper from the police Headquarters in Accra, the IGP did not take the petition lightly stating that such characters in the police service were dragging the name of the already wobbling image of the police institution in the mud.

But the Commander did not heed to advice given by other top officials to stay off the issue since it could implicate her and continued running a parallel court in his office which finally clipped her powers to her waist.

The petition which this paper intercepted states "the gist of my client's complaint is that it acquired a parcel of land from Appolonia Stool and a deed of lease was executed by the Appolonia Mantse in favour of my client, and the paramount Chief of Kpone, Nii Tetteh Otu II signed the said Indenture as a confirming party. It must be stated that Kpone Stool has allodial certificate covering a large tract of land within which which my client's land falls".

The lawyer in his petition furthered that upon acquiring the land, his client took possession of the land and constructed residential buildings on the land and also alienated portions of the land to numerous people who have also built on it

"My client remained in the undisturbed possession of the land till recently when HFC bank limited started laying false claim in respect of my client's land. According to the said bank, it acquired the land from Naak Estate Limited.

"When the said bank realized that it cannot forcibly take control of my client's land, it instituted legal action against my client. The said bank subsequently filed an application for interlocutory injunction seeking to restrain my client from enjoying its legally acquired property", it continued.

The High Court, Land Division upon hearing the respective arguments canvassed by the disputant, dismissed the HFC Bank's application. Soon thereafter, Naak Estates limited who is the grantor of HFC Bank through its managing director, Alfred Ankamah Nuamah started harassing my client with thugs on the land", the lawyer continued in his petition.

According to the said court ruling that dismissed the application of HFC Bank Limited to restrain the Estate company from proceeding to develop the parcel of land situate at Appolonia, the Accra High Court, Land Division refused to grant them the injunction stating that the lawyers of the disputant failed the reasons to grant them the application.

The Judge delivering his ruling stated ''Even though Exhibit FOY'1 is dated 22nd December, 2008, it was on 26th day of March, 2014 that it presented to the high Court Registrar Accra to proof the Oath. It has however not been stamped or registered, and therefore, does not confer right as held in Nartey vrs Mechanical Lloyd Assembly Plant Limited 1987-88 2 GLR 314''.

''The defendants on the other hand claim to have acquired their land from the chief of Kpone-Apolonia. That the Kpono-Apolonia is a sub-stool of Kpone Stool, which stool has a Land Tittle Certificate. The defendants pleaded that Nii Mensah Bossah ll who is Naak Estates grantor together with other chiefs sued NiiTeiAdumall Apolonia Mantse, Nii Tetteh Out ll Kpone Mantse and applied for injunction in suit number SOL/41/12 and same was dismissed'', Justice S.H. Ocran noted .

The Judge further that HFC Bank Limited also deposed that they took the land so as to put up house for public servants and has put up houses on portions of the land, most of such house being at an advance stage of completion.

The High Judge noted that Setho Classic Engineering Company Limited however says same of the houses are completed and people are residing in them.

He underscored that since HFC Bank Limited to use the land to build, but it is not ready, but the Defendant is already on the land building, grant of the application will not be in the interest of the Ghanaian society.''Since the plaintiff/Applicant has not been able to demonstrate that it has an interest which ought to be protected by an injunction, but the Defendant/Applicant has demonstrated that it had its land from persons with a Land Certificate, and they already on the land developing the grant of this application will work more hardship on them. I therefore dismiss the application'', the Judge concluded.

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