La Mantse's Suit Against Gov't Begins Wed.

By William Yaw Owusu

Friday, 17 November 2006
AN Accra Fast Track High Court will next Wednesday, November 22 hear a motion in which Nii Kpobi Tettey Tsuru III, La Mantse, is seeking to restrain the government from developing a piece of land at La, in Accra, for a project for Ghana’s 50th anniversary celebration.

The La Mantse wants the court, presided over by Mr Justice Victor Ofoe, to grant an interlocutory injunction on the development of the La Wireless Station land, situated at Cantoments, pending the determination of the suit.

When the case was called, Mr Joe Ghartey, the Attorney General who led a team of government lawyers said, "We were served with archival materials that need enough research to enable us to respond appropriately."

He said the matter raised by the plaintiff was "very serious" adding that "the circumstances need verification."

Mr William Addo, counsel for the Mantse who wanted the application to be moved right away said, "The issues at stake are very narrow. The matter requires very expeditious hearing."

He urged the court to impress upon the Attorney-General to order the workmen to stop further development of the land in dispute but Justice Ofoe said, "I cannot grant any injunction."

In the statement of claim which was signed by Mr Peter Ala Adjetey, the plaintiff’s lawyer and former Speaker of Parliament on November 10, plaintiff said the land in question popularly referred to as "wireless station land" had "ceased to be used as a wireless station for which it was acquired and consequently the plaintiff is entitled to be given the first option for reacquiring the said land."

He wants a declaration that any development of the said land other than the purpose for which it was compulsorily acquired was unconstitutional or otherwise unlawful.

The plaintiff said the said land is a La stool land and the La Mantse was the lawful occupant to litigate.

"Although the government acquired the land compulsorily under the Public Lands (Leasehold) Ordinance, 1950 (Cap 138) in1957 for a term of 99 years which is yet to expire, for the purposes of establishing a wireless station, the government has since abandoned the use of the land for the establishment of a wireless station."

The plaintiff stated that under Article 20 clause (5) and (6) of the 1992 Constitution the government should have proceeded to allocate portions of the subject-matter for development to various entities or for development by government’s own agencies for purposes other than what is intended to do.

He averred further that if the government went ahead to develop the land it will "result in defeating the title and interest of the La Stool."