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Annul property allocated to Chinese company - Lands Commission ordered

BY: Samuel K. Obour

An illegal mining siteThe Financial Division of the High Court has issued an order compelling the Lands Commission to annul a property it wrongfully allocated to China Gansu Aluminum Products Limited, a Chinese company.

The court also awarded costs of GH¢2,000 against the Lands Commission for failing to comply with a judgement it gave on March 23, 2012 in favour of the applicant in the case.

The judgement was for the Lands Commission to register and plot the property in the name of Bakana Limited, a real estate company.

Lawyers for Bakana Limited filed an entry of judgement and submitted both the copy of the judgement and the entry of judgement to the Lands Commission on April 10, 2012, but the latter failed to comply with the ruling.

According to the affidavit in support of the case, after several failed attempts to get the Lands Commission to comply, counsel for the plaintiff, Mr Bright Akwetey, followed up to the regional lands officer urging action to be taken on the matter.

It said the lands officer promised to write to the Chinese company to vacate the property for the Lands Commission to refund the money it took from it.

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The applicants, the affidavit said, got fed up after repeated visits to the offices of the respondent, which necessitated action by lawyers for the applicants by way of writing again to the respondent for action on the matter.

It said in a letter dated April 16, 2013, the plaintiff gave the respondent an ultimatum to comply with the court judgement, but it ignored the order.

The affidavit said the respondent was reluctant to comply with the court order in respect of performing its public duty and would not act unless “ordered again by this court to show respect for the law and the authority of the courts of Ghana.”

It also prayed the court to annul any allocation made by the respondent to the Chinese company and to plot the property in the name of the applicant.

By Sebastian Syme/Daily Graphic/Ghana