Contempt application filed against UPSA for illegally developing land

Dr Daniel McKorley, the Group Chairman of McDan Group of Companies, has taken legal action against the University of Professional Studies-Accra (UPSA) for what he alleges to be their unlawful entry onto his land.

The land in question is situated in Mpehuasem within the Adenta Municipality of the Greater Accra Region and covers an area of approximately 1.34 acres.

In his Statement of Claim, the Plaintiff, Daniel McKorley, seeks several legal remedies, including a Declaration that he is the rightful owner in possession of the land, an Order for the Recovery of possession, Damages for trespass, an Order for the Cancellation of Defendant’s (UPSA) land certificate numbers GA 60960 and GA 60961, both dated 11/2/2020 and 2/1/2020 respectively.

Additionally, he seeks a Perpetual injunction to restrain the Defendant, its officers, assigns, agents, grantees, servants, and workmen from dealing with the land in any manner.

According to the Plaintiff, he obtained the land from its lawful owners and secured an indenture in 1995, which was executed between Nii Torgbor Obodaifio, Head and Lawful Representative of the La-Shanshie family of Mpehuasem, as the vendor, and Michael Amenigye as the purchaser.

The indenture was stamped as LVB.16322/1999. Subsequently, a deed of conveyance (Indenture) dated 17th April 2005 was executed between Michael Amenigye as the Vendor and Daniel McKorley as the purchaser, stamped as LVB 9897/2006. This conveyed the parcel of land from Michael Amenigye to Daniel McKorley.

McKorley took effective possession of the land by erecting a fence wall around it and remained in possession without any objections until 2020 when his employees informed him that UPSA had placed a signpost on the land, claiming ownership. The signpost read "Property of UPSA. Keep Off."

The Plaintiff contacted the Vice Chancellor of UPSA, Professor Abednego Feehi Okoe Amartey, who confirmed that the land belonged to UPSA, having acquired it from the Numo Nmashie family.

McKorley asserted his ownership and offered to provide an alternative piece of land to UPSA, but this offer was declined.

Subsequently, the Plaintiff obtained documents, including two certificate numbers (GA 60960 and GA 60961) dated 11/2/2020 and 2/1/2020, belonging to UPSA. Any attempts by McKorley to develop the land were met with resistance from UPSA, who employed land guards.

In light of these developments, the Plaintiff filed a Writ against UPSA, seeking injunctive relief in the form of an Interlocutory Injunction to restrain UPSA from dealing with the disputed land until the final determination of the case.

The plaintiff in a subsequent suit filed on August 24, 2023, has asked the court to commit Professor Abednego Feehi Okoe Amartey, Vice Chancellor of UPSA and Dr Koryoe Anim-Wright, Registrar of the university to contempt for entering and developing the land in question pending the determination of the injunction application and the substantive matter.

"That despite the fact that the Respondent herein, being officers of the defendent had knowledge of the said pending apllication for interlocutory injunction they nevertheless acted by taking matters into their own hands and proceeded to clear the land and the commenced construction on the land damn the consequences," the application by the plaintiff read in part.

The actions of the defendants according to Dr McKorley is a clear contempt of the orders of the court and interferes with due administration of justice and thus has pleaded with the court to punish them to serve as deterrent "to like-minded persons who have demonstrated no respect for authority of the Honourable Court and its processes."

GA/SARA


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