Interrogation into the lawsuit against McDan over land encroachment
The interrogation concerning the ownership of a plot of land in East Legon arose during a legal proceeding in which Dr. Daniel McKorley, the Chairman and CEO of McDan Group, and another individual were accused of encroaching on the disputed land.
Magnus A. L. De Souza, the plaintiff, initiated the lawsuit against Joseph Nii Mensah Ashong and Dr. Mckorley for allegedly trespassing on his property. Nii Akwei Bruce-Thompson, representing De Souza, questioned a witness from the Lands Commission regarding the land's ownership. Jacqueline Osarfo Dikoh, a Senior Lands Administration Officer, testified that according to documents at the Lands Commission, Magnus A. L. De Souza is the rightful owner of the land. She supported her testimony with relevant documents, including a lease granted by the government to Professor David Kpapko Acquaye in 1977, who subsequently assigned his interests to De Souza in 1995. Dikoh also confirmed that De Souza had fulfilled all financial obligations related to the land up to 2024. Additionally, she clarified that the land was originally acquired by the British Colonial Government in 1944 for airport expansion, and later sold to Professor Acquaye, who then sold it to De Souza.
Following Dikoh's testimony, Justice Rita Abena Abrokwa Doko instructed that photocopies of the relevant documents from the Lands Commission's file be submitted to the court and served to the defendants' lawyer. The case was adjourned to March 4, 2024, for further proceedings.
In response to the allegations, Joseph Nii Mensah Ashong, one of the defendants, claimed that his late father acquired the land in 1974 from the Nii Odoi Atsem family of La and took immediate possession. He argued that De Souza, being a non-Ghanaian, unlawfully acquired an interest in the land for over 50 years, which he deemed a violation of relevant laws. However, De Souza refuted these claims during cross-examination, asserting that his lease had not expired. Ashong further stated that construction began on the land in 2000, but was halted until recent years due to financial support from his partner. He maintained that neither De Souza nor his grantor had possessed or developed the land in dispute for the past decade.
Contrary to Ashong's claims, the Lands Commission witness affirmed that Mr. De Souza is the registered owner of the land, based on their records. The case was adjourned to March 4, 2024, for further proceedings.
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