Group Chairman of McDan Group of Companies, Dr. Daniel McKorley has filed a Writ at the High Court, Accra against the University of Professional Studies (UPSA) for unlawfully entering into his land.
The land according to the Writ is situated at Mpehuasem in the Adenta Municipality in the Greater Accra Region, covering an area of approximately 1.34 Acre.
In his Statement of Claim the Plaintiff (Daniel McKorley) is seeking a Declaration that he is the owner in possession of the land, Order for Recovery of possession., Damages for trespass, an Order for Cancellation of Defendant’s (UPSA) land certificate numbers GA 60960 and GA 60961 dated 11/2/2020 and 2/1/2020 respectively and a Perpetual injunction to restrain the Defendant, its officers, assigns, agents, grantees, servants, and workmen from dealing in whatever manner with the land.
The Plaintiff stated that he had acquired the land from lawful owners and secured an indenture which was made between Nii Torgbor Obodaifio, Head and Lawful Representative of the La-Shanshie family of Mpehuasem, as the vendor and Michael Amenigye as the purchaser dated the 1st day of September, 1995.
The indenture, according to him was stamped as LVB.16322/1999 after which a deed of conveyance (Indenture) dated 17th April, 2005, was also made between Michael Amenigye as Vendor and Daniel Mckorley, (Plaintiff) as purchaser and stamped as LVB 9897/2006, the said Michael Amenigye conveyed, by way of sale, the parcel of land.
Soon after the said acquisition from Michael Amenigye the Plaintiff took effective possession by erecting a fence wall at the various sides of the land and remained in possession without any objection until the year 2020 when his employees called to inform him that the Defendants have mounted a signpost on the land reading “Property of UPSA. Keep Off”.
“Plaintiff says he immediately called the Vice Chancellor of the defendant, Professor Abednego Feehi Okoe Amartey to find out the authenticity of the information he had from his employees. Plaintiff says, Professor Abednego confirmed that the mounting of the signpost/signage was at his instance because the land belonged to the defendant, having acquired same from the Numo Nmashie family,” the Statement said.
According to the Statement, the Plaintiff indicated that he told Professor Abednego that he is the rightful owner of the land having acquired same from a person whose source of ownership was the Sanshie family of Mpehuasem and advised him to stay away from the land.
However, whilst in America, the Plaintiff asked his contractor and one of his assistants to go and see the Vice Chancellor to explain and let him know that the land actually belonged to him which was done; and upon his return from the USA, he went to Professor Abednego and informed him that the land was acquired for a particular purpose and was ready to offer the him another land in the same vicinity which he (Professor Abednego) declined.
“Plaintiff says upon further investigation he got a copy of the documents of the defendant including two certificate numbers, namely; GA 60960 and GA 60961 dated 11/2/2020 and 2/1/2020 respectively. Plaintiff says since then any attempt at developing the land was met with resistance from the defendant employing land guards to that effect. Plaintiff says he then sought assistance from the Director-General C.I.D. of the Ghana Police as per a petition dated 13/12/2022.”
According to Daniel McKorley (Plaintiff), both partied held a meeting with the Director General CID which relative peace on the land until recently when defendant’s officers and workmen had jumped onto the land with earth moving heavy duty equipment to clear the land in preparation to develop the land under the protection of Machomen suspected to be landguards.
In the light of recent developments, the Plaintiff Daniel McKorley had filed a Writ against UPSA and its management for the Court to grant injunctive relief in the nature of an Interlocutory Injunction for the purpose of restraining the Respondent from dealing with the land in dispute until the final determination of this suit.