Tesano police accused of aiding man to trespass property belonging to Tamakloe family

A family has accused the Tesano police of aiding a man who has now been hauled before the land division of an Accra High Court for trespassing property belonging to the said family.

The Tamakloe family are in court asking that an order be placed on one Richard Hlomador, the 1^st Defendant in the matter, perpetually injuncting and prohibiting him and his agents, assigns, workmen, privies and all who claim from them from trespassing and interfering with the land in question.

On the morning of Tuesday, April 5, 2022, agents of Mr Hlomador, accompanied by policemen from the Tesano Police Station were on the land to break parts of a wall to the land.

Subsequently, the said men, in the presence of their police escorts commenced bulldozing their way unto the land felling some of the economic trees that had been planted on the land by the deceased.

Background

The land, belonging to one Jacob Kofi Atterh Tamakloe who is now deceased in situated near the Tesano Police station which he willed to his children.

Mr Tamakloe who acquired the land accordingly registered same at the Land Title Registry with number GA.2908 and with the Volume Number 25 Folio 52 in the Land Register.

Upon acquiring the land somewhere in 1959, Mr Tamakloe was said to be among the first people to have settled within the vicinity of which the land is situated.

Subsequently, he granted permission to some mechanics to turn one of the vacant lands within which they could carry on their trade in a bid to keep that portion of the land secured.

The mechanics are said to using the said yard for about 30 years with the blessing of Mr Tamakloe’s children who are plaintiffs in the matter without any hindrance from any person or entity until the recent harassment started.

Prior to the harassment, the case filed in court suggests that despite being asked by the Police to cease all activities on the land, pending investigations, the workmen of the defendants continued to trespass on the land to work.

“The Defendants on Wednesday, 6th April 2022 again caused their agents to go on Plaintiff’s land to further cause havoc and all attempts to stop them was resisted and to no avail,” the case document noted. 

Below is the full writ as filled by the plaintiffs:

IN THE SUPERIOUR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE

(LAND DIVISION)

ACCRA – A.D. – 2022

______________________________________________________________________________

                                                                                SUIT NO:

BETWEEN

1. VIVIAN KOKUI TAMAKLOE

13 South Loop

Tesano, Accra                                                                             Plaintiffs

13 South Loop

Tesano, Accra

13 South Loop

Tesano, Accra

(Acting as the Executors and Beneficiaries

of the Estate of JACOB KOFI ATTERH TAMAKLOE

           (DECEASED))

VRS.

1. RICHARD HLOMADOR    

                                                                                                    Defendants

         (Plaintiffs to direct service)

STATEMENT OF CLAIM

________________________________________________________________________

1. The 1^st Plaintiff is the 1^st child of Jacob Kofi Atterh Tamakloe (Deceased)   and an executrix and beneficiary of Jacob Kofi Atterh Tamakloe Estate.

• The 2^nd Plaintiff is 1^st Son of Jacob Kofi Atterh Tamakloe (Deceased)  and executor and beneficiary of Jacob Kofi Atterh Tamakloe Estate.

• The 3^rd Plaintiff is 4^th Son of Jacob Kofi Atterh Tamakloe (Deceased)  and an executor and beneficiary of Jacob Kofi Atterh Tamakloe Estate.

• The 1^st Defendant is trespasser and the purported owner of Plaintiffs Land.

• The 2^nd Defendant is the purported seller of the 1^st Defendant of Plaintiffs Land to the 1^st Defendant and claims to be representative of the Asere stool of Accra.

• The father of the Plaintiffs Jacob Kofi Atterh Tamakloe died testate on 31^st July 2006 and named the Plaintiffs as executors of his Will and Testament wishes dated 20^th March 2006.

• On the 28^th August 2007, the High Court, Accra granted probate to the Plaintiffs to administer the Estate of Jacob Kofi Atterh Tamakloe. 

• By a Deed of Gift dated 3^rd April 1959 between Dr. Charles Elias Reinforf & Charles Tetteh Quarcoo (acting as lawful representatives of the Onamrokor-Adain Family) as the Donors and Joseph Annan Tetteh as the Donee, the said Joseph Annan Tetteh acquired absolutely, all that piece and parcel of land being and lying situate at Tesano.

• The said Deed of Gift between aforementioned Donors and Donee was accordingly registered at the then Stamp Commissioner’s Registry with number 901/1959.

1. By an Indenture dated 28^th April 1959, the afore mentioned Donee, Joseph Anna Tetteh (the Vendor in the instant Indenture) conveyed to the Jacob Kofi Atterh Tamakloe (deceased) absolutely, all that piece and parcel of land being lying and situate at Tesano near the Police Training Depot and (at that time) bounded on the North by a Concession of Construction and Furniture Company (W.A) Limited and also a property belonging to Emelia Annan measuring 310ft more or less on the South by a property belonging to Akwei and measuring 310ft more or less on the East by property belonging to G.B. Quartey and measuring 450ft more or less and on the West by proposed road and property belonging to the Vendor measuring 450ft more or less and covering an Area of approximately 2.24 acres as described and delineated in the accompanying site plan.

1. The Indenture as executed between the parties therein was accordingly registered at the Land Title Registry with number GA.2908 and with the Volume Number 25 Folio 52 in the Land Register.

1. The deceased upon acquisition of the said property in 1959 was the first person to settle within the vicinity of which the subject matter land forms part.

1. The deceased upon acquisition and settlement on the land began to take various steps to effectively exercise possession over the land to the exclusion of all others.

1. The deceased put up dwelling houses on parts of the land one of which was occupied by himself until his demise.

1. The children of the deceased also put up dwelling houses on various parts of the land which houses they have occupied and continue to occupy.

1. The deceased also put up warehouses on a portion of the land which warehouses still remain on the land.

1. Economic trees were planted on some vacant portions of the subject matter land to exercise possession of the vacant portions and to act as an indicator of the fact that the vacant portions were not ownerless.

1. Upon the deceased’s passing Probate was duly granted to the Plaintiffs who are also children of the deceased to manage the estate of the deceased which they have been doing accordingly.

1. The deceased granted permission to some mechanics to turn one of the vacant lands lying next to the warehouses erected on the land and forming part of the subject matter land into a yard within which they could carry on their trade in a bid to keep that portion of the land secured.

• The mechanics have been using said yard for approximately thirty (30)years with the blessing of the Plaintiffs and the beneficiaries of the estate of the deceased without let or hindrance from any person or entity.

• The deceased and subsequently his family have been in active possession of the subject matter land without any let or hindrance for more than half a century and they have enjoyed quiet possession of same without any adverse claims by any person whether neighbours or persons claiming from the grantor of the deceased or his grantor thereof.

• The deceased and subsequently his children have been paying property rates the Assembly under which the property falls since acquisition of the land.

• Sometime in 2021 a person unknown at the time started to harass the mechanics claiming ownership of that portion of land and started using underhand means to have them removed from the land.

• The 1^st Plaintiff on 14^th October 2020 sent a WhatsApp message to the 1^st Defendant about his employees using the Plaintiffs garden/land as a place of convenience and rubbish dump, the 1^st Defendant in acknowledgement of the message stated that he would take it up.

• The Plaintiff’s caused their Solicitors to write to the trouble maker in a November 2022 letter to disclose their title over the land to demand that the harassment of its licensees be stopped and which harassment was stopped for a while.

• The 1^st Defendant approached the 1^st Plaintiff on a number of occasions and expressed interest in acquiring another vacant portion of the land and made offers to buy same, however he was informed on all occasions that the said portions were not for sale.

• On the morning of Tuesday, 5^th April 2022, workmen and agents of the Defendants accompanied by hired police men from the Tesano Police Station came unto the vacant portion of the land broke parts of a wall to the land and commenced bulldozing their way unto the land felling some of the economic trees that had been planted on the land by the deceased.

• The Plaintiffs reported the matter to the Regional Police command upon which a team was deployed to have the trespassed stopped.

• In the evening of the same day the Defendants caused their agents to approach the mechanics on the other side of the land and inform them that they should vacate the land or risk having the vehicles in the yard towed away.

• Despite they being asked by the Police to cease all activities on the land pending investigations, the workmen of the Defendants continue to clandestinely trespass on the land to work.

• The Defendants on the Wednesday, 6^th April ,2022 again caused their agents to go on Plaintiffs land to further cause havoc and all attempts to stop them was resisted and to no avail. 

• On 6^th April 2022, the 1^st Plaintiff together her brother Samuel Tamakloe met a representative of the 1^st Defendant one Inusa Amadu at the Greater Accra Police headquarters, at the said meeting the representative of the 1^st Defendant categorically informed the police and all present that the Defendants would not stop trespassing of Plaintiffs land until ordered by the court.

• It has become apparent that the Defendant in identifying the portions of the Plaintiff’s land without buildings thereon seeks to appropriate same with force.

• By the actions of the Defendants it has become apparent that they are bent on trespassing on portions of the land and they will not cease their  unlawful incursions unto the Plaintiff’s land until prohibited by the Court.

WHEREFORE  the Plaintiffs claim against the Defendants as follows:

1. A declaration and confirmation of the title of the deceased Jacob Kofi Atterh Tamakloe (deceased ) for all that piece and parcel of land being lying and situate at Tesano near the Police Training Depot and (at that time) bounded on the North by a Concession of Construction and Furniture Company (W.A) Limited and also a property belonging to Emelia Annan measuring 310ft more or less on the South by a property belonging to Akwei and measuring 310ft more or less on the East by property belonging to G.B. Quartey and measuring 450ft more or less and on the West by proposed road and property belonging to the Vendor measuring 450ft more or less and covering an Area of approximately 2.24 acres as described and delineated in the accompanying site plan.

1. A declaration that the Plaintiffs father Jacob Kofi Atterh Tamakloe (deceased) has been in possession and control of the land since 28^th April 1959 and has adversely possessed the said from all others.

1. An order against the Defendants perpetually injuncting and prohibiting them , their  agents, assigns, workmen, privies and all who claim from them  from trespassing and interfering with the Plaintiffs possession and enjoyment of the land.

1. Damages against the Defendants for trespass.

• Costs of the suit which shall include Solicitors’ and Barristers’ fees as stated by the Scale of Fees of the Ghana Bar Association.

• Any further and consequential reliefs that the Honourable Court may deem fit.