As expected, The New Crusading GUIDE’s banner headline publication of 10th August 2015 could not have gone without any incidence and feathers ruffling from the man accused by the Nii Kofi Appenteng Family of using landguards to harass residence within the area under litigation.
A letter from Lawyers for Mr. Mike Similao and the Odai Ntow Family, dated August 12, this year, which sought to set the records straight noted that “the OdaiNtow family are the owners of a large track at South West Kwabenya, near Pokuase A.C.P and thwy have a judgement dated as far back as 1904. It was this family which sold 439 acres of land to Mike Similao in 1988. Mike Similao has since been exercising ownership on this land”.
“In 1994, Paulina Darko encroached on the land and my client Mike Similao sued her. In the process, Kofi Apenteng and Odai Ntow families featured in the evidence led by Mike Similao. To prove his case, he called the Asafoatse, Nii Amoo Kwao of Kofi Apenteng family to give evidence for Mike Similao.
The Asafoatse gave evidence to the effect that the land belongs to OdaiNtow family, so if people came to them for land, they directed them to OdaiNtow family.
The judgement, the law firm said, was given in favour of OdaiNtow family and Mike Similao. Kofi Apenteng family appealed to the Court of Appeal and applied for stay of execution. The Court of Appeal dismissed the motion and stated as follows “After carefully reading the affidavits filed by the parties and all documents attached and hearing the submission of counsel for the parties we are of the view that the appeal is not likely to succeed”.
Kofi Apenteng family abandoned the appeal and turned round to issue a fresh writ claiming a larger parcel of land. The judge said this act “is not only disingenuous but is also an abuse of the court process. The judge dismissed the fresh writ on grounds of “Estoppel per rem judicatam”. This means that the case has already been determined.
Kofi Apenteng family appealed again to the Court of Appeal and applied for stay of execution. This was struck out it was withdrawn wit costs of GHC 1,000 to Mike Similao on the 19th May 2015. Still a fresh writ has been filed by them. It will be dismissed for the third time.
The Regional Crime Officer is now investigating the case as on 5th August, 2015.
The Kofi Apenteng family now seeing that they have no claim to the land caused this false publication in your newspaper”, the letter said.
Meanwhile, Nii Odai Tettey Wulomo, the spokesman for the OdaiNtow family has dared Kofi Adu and his ilk to produce any single document to back the Appenteng Family’s claim that the land belongs to them.
“I know he cannot provide it because he is not even a member of the family. He is an Akyem so how did he become a member of the Appenteng Family? he quizzed.
He also denied that COP Rose Bio Atinga had any hand in what is going-on, on the land saying “at best we are the ones they are harassing. They are indiscriminately selling the lands to line the pockets of some higher ups in the police to fight for them, but we won’t budge, we will fight on with our judgement”.
He told this paper when he came to our office that “somebody should tell the Madina Police Commander that he only enforces laws, but cannot be a law onto himself. He can’t sit in his office and say he has invited surveyors to show the boundaries of both families. As far as we know there is a Supreme Court Judgement to that effect and if he is interested he should abreast himself to that and be on the side of the law” he admonished.
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