Court restrains trespassers on New Weija land

By William Yaw Owusu

Saturday, 22 July 2006
An Accra High Court has restrained developers from working on a 95.194 acre land situated at New Weija near Accra.

The land in dispute belongs to Mr. Fred Kofi Asare, Managing Director of F.K.A. Company Limited, an estate developing firm who had filed the motion to restrain several developers who had encroached on the land thus stalling the company’s development plans.

The court, presided over by Mr. Justice K.A. Ofori-Atta, therefore ordered the demolition of all structures on the affected land.

It awarded the plaintiff ¢40 million damages for trespass and also ordered that the defendants pull down the buildings within 30 days, failure of which the plaintiff was to do the demolition at the cost of the defendants.

On May 5, last year, Mr. Asare issued the writ summons seeking a declaration that the defendants’ acts amounted to trespass and sought an order to demolish structures on the land.

He also sought a perpetual injunction to restrain the defendants from further acts of trespass and in any way deal with the plaintiff’s land in a manner detrimental to the land.

On June 10, 2005, Mr. Asare applied for an interlocutory judgment in default of appearance on the part of the defendants and the suit was adjourned to July 15, 2005 for assessment of damages but the case was again adjourned to July 22, the same year for a hearing notice to be served on the defendants.

But the defendants again refused to enter an appearance and on July 22, 2005, Mr. Asare was ordered to give evidence on the case. He told the court that he obtained the land from the Weija stool and has documents covering it which he tendered in evidence together with documents covering payment that he made.

Plaintiff’s representative also told the court that they brought electricity as well as access roads to the land.
"From the evidence available, it is quite clear that the plaintiff is the owner of the land and I find that the defendants have trespassed into the plot and have erected buildings", the judge said.