Works and Housing Minister petitioned to halt building on reserved waterway by McDan at East Legon

Graphic.com.gh Opinion Apr - 16 - 2023 , 07:46

The Minister of Works and Housing has been petitioned to intervene in the construction of a building project on a waterway at East Legon in Accra.

According to Nana Osei Kyeretwie Prempeh, who is leading the petition on behalf of the neighbours, the developer, who he said was the wife of McDan, Madam Roberta Huppenbaeur, with the support of the husband, Mr Daniel McKorley of McDan Group of Companies, with the tacit support of the Ayawaso West Municipal Assembly and its officials were developing a project in disregard to land reservation and water rights in East Legon of Accra..

Nana Prempeh therefore wants the Minister of Works and Housing to intervene and provide assistance regarding the "unlawful conduct being perpetrated by Madam Roberta Huppenbaeur, wife of Daniel McKorley of McDan Group of Companies, with the tacit support of the Ayawaso West Municipal Assembly and its officials regarding land reservation and water rights in East Legon, Accra."

Attached below is a copy of the petition

Dear Sir,

Petition Against Ayawaso West Municipal Assembly, Lands Commission and Roberta Huppenbaeur

I would be grateful if your office could intervene and provide assistance regarding the unlawful conduct being perpetrated by Madam Roberta Huppenbaeur, wife of Daniel McKorley of McDan Group of Companies, with the tacit support of the Ayawaso West Municipal Assembly and its officials regarding land reservation and water rights in East Legon, Accra.

1 . I am the legal and beneficial owner of Plot No. 138, Monrovia Road, East Legon Residential Area, Accra. My late mother bequeathed the said Land to me and four other siblings, who subsequently disclaimed and surrendered their interest to me.

My late mother, Stella Ababio, acquired the land by a Deed of Assignment dated 12 September 1984 ('the Assignment') from Mr. Edward Yaw Nkansah, who assigned his unexpired ninety-two (92) years leasehold interest in the land to my late mother. Our late mother built her residential home on the said land and enjoyed quiet enjoyment of the property throughout her lifetime without any interference whatsoever from anyone.
Edward Yaw Nkansah had acquired the said Land from the Government of Ghana by a lease dated 2 June 1977 and registered at the Lands Registry, Accra, as no. 535/1985.
My family rented the house to tenants after my late mother's demise. During the period when the tenants occupied the property, and since their delivery of possession of the property, I have witnessed several acts of interference and trespass by associates and assigns of Madam Roberta Huppenbaeur and her husband, Daniel McKorley, regarding my land and that of other neighbours, i.e. Emerita Professor Elizabeth Ardayfio-Schandorf and Madam Afua Takyiaw Frimpong.
Madam Roberta Huppenbaeur and Daniel McKorley and their associates and assigns have unlawfully entered my land and the lands of my neighbours as well as the reservation for the stream that runs behind my land and that of my neighbours. Their associates and assigns have interfered with our property rights and environmental rights in a threatening manner several times despite being forbidden on numerous occasions.
Their acts have culminated in squatters and others encroaching on the lands in the reservation and the stream. Indeed, this is not the first time the reservation for the stream in question has been interfered with. Their acts caused the Accra Metropolitan Assembly on or about 2012 to obtain a restraining order against them for interfering with the reservation and the stream.
My late mother, in the past, had to constantly stop Daniel McKorley of McDan Group of Companies from interfering with the reservation for the stream. Indeed, you can take judicial notice that Daniel McKorley has encroached on the other side of the reservation for the stream.
On or about 5 December 2022, whilst I was away from Ghana, I received frantic calls that McDan Group of Companies and its officials prevented my assigns from further developing my land and unlawfully caused damage to the wall on my property by demolishing it. Furthermore, the company and its officials caused "land guards" onto the land who resorted to assault and other acts of violence to appropriate my land.
On 13 March 2023, Emerita Professor Elizabeth Ardayfio-Schandorf informed me that some land guards stopped her from developing her broken wall. On 28 March 2023, we noticed that unknown men brought an excavator to the site and diverted the stream by unlawfully constructing culverts to create an access route to the reservation behind my land. Please find attached pictures of the current activities on the stream.
The diversion of the stream and construction works going on violates the Water Resources Commission Act 1996 (Act 522)
The unlawful and illegal acts are ostensibly being done because I am aware that the Ayawaso West Municipal Assembly has rezoned the reservation area as a residential plot in response to a noted proposal by Madam Roberta Huppenbaeur to the Lands Commission to acquire the said reservation.
Furthermore, one Leo Skarlatos, CEO of AirtelTigo, claims to have also acquired a part of the reservation from Daniel McKorley, which said land he has attempted to sell to some of my neighbours.
The decision to rezone the said reservation for the stream is arbitrary and unreasonable. It does not take into consideration the environmental impact on the residents of Shiashie and its environs. Indeed, the rainy season is about to start, and if this unlawful act is not stopped, my house and many residents will be flooded.
When my Madam acquired the land in the 1980s, the plots in the said area had been carefully demarcated, making enough reservations for any stream overflow in case of a flood. Please find attached a copy of the site map of the area and the current Google Map of the area.
Despite persistent calls to the Ayawaso West Municipal Assembly and the Ghana Police Service, they failed, refused and neglected to stop the illegal acts on the reservation.
I note your calls in the past that your office will demolish buildings in waterways in Accra to prevent flooding. Indeed, you have stated that "no building will be spared if it's on a waterway'.