The Lands Commission has stated that plot No. 379 at East Legon in the Greater Accra region is owned by no other person than businessman, Magnus A.L. De Souza.
The Commission said this in an open court when one of its officers, Jacqueline Osarfo Dikoh, a Senior Lands Administration Officer, was subpoenaed to testify in a suit against Chairman and Chief Executive Officer (CEO) of McDan Group, Daniel McKorley and another.
Mrs. Dikoh, representing the Executive Secretary of the Lands Commission at the Accra High Court, presided over by Justice Rita Abena Abrokwa Doko, stated categorically that plot No. 379, located at East Legon, has since November 8, 1995 belonged to Mr. De Souza.
According to her evidence-in-chief, led by Thompson Bruce, Counsel for Mr. De Souza, the land was originally acquired by the state for Airport expansion. However, it was leased to Prof. David Kpapko Acquaye in March 25, 1977 and the latter also assigned it to Mr. De Souza on November 8, 1995.
She added that Mr. De Souza is the only one on the records of the Lands Commission who has been paying ground rent as well.
This statement was followed by a question from Mr Bruce to the Witness: “So far as Land Commission is concerned, who’s the owner of this land?” and the response was “Mr Magnus A.L. De Souza.”
Mr. De Souza (plaintiff) has sued Daniel McKorley, also known as McDan and Joseph Nii Mensah Ashong (defendants) for land encroachment.
The defendants have been accused of also deploying land guards on the land in question to secure them develop it.
Last year, the court fined the Chairman and Chief Executive Officer (CEO) of McDan Group GH¢6,000 for his failure to appear in court.
Cross-examination
Present file on the plot of land at East Legon.
Subpoena Witness by Jacqueline Osarfo Dikoh.
Q: Where do you work?
A: Lands Commission
Q: What is your position?
A: Senior Lands Administration Officer at Lands Commission.
Q: You’re here representing the Executive Secretary of Lands Commission on a subpoena that was served on him to bring the file on plot number 379 situate at East Legon is that correct?
A: Yes my lady.
Q: Have you brought the file?
A: Yes my lady.
Q: Where’s it?
A: It’s here
Counsel: We would like to tender the file.
Court: The file is voluminous, indicate the ones you will need.
Q: On this file is there a Magnus A.L De Souza on this file?
A: Yes my lady, there is.
Q: What is the relationship of Magnus to this file?
A: On 25th March, 1977, government granted a lease to Prof. David Kpapko Acquaye.
Q: Is there a copy of this lease on the file?
A: Yes my lady.
Counsel, we would want to tender the lease.
A: And by an assignment dated November 8, 1995 Prof David assigned his interests to Magnus A.L. De Souza.
Q; Is there a copy of this assignment?
A: Yes my lady.
Q: Can you tell the court how government acquired this land?
A: The land in question is state land, acquired under certificate of title dated 7th September, 1944 for Airport extension.
Q: Do you have anything to prove this?
A: Yes. There’s record information but that’s not in the files.
Counsel: We would like to tender that record information. All of them. 21st July, 2017.
Q: Can you locate the certificate of title and bring it to the court?
A: I’d have to check with our records unit.
Q: The assignment from Prof Acquaye to De Souza, is it supported by anything from the government in 1995?
A: Yes please. There’s a consent certificate on file dated 23rd October, 2019. However, there was a consent certificate, which was issued in 1997.
Q: Do you have the two consents?
A: Yes.
Q: Why are there two consents?
A: Because the first one that was issued had an error in the name of De Souza.
Counsel: We would like to tender the two consents.
Q: After the assignment to De Souza, is there anything he’s been doing with Lands Commission?
A: After the assignment, the most recent thing is caveat for us not to process any transaction on the land.
Q: Who issued that?
A: Mr De Souza.
Q: What about ground rents. Do you keep records?
A: Yes please, we keep records.
Q: Can you tell the court, from the records, who has been paying ground rent?
A: De Souza.
Q: Do you have on record a letter written by lawyers from De Souza seeking the genuineness of any document on the land?
A: Yes we do.
Counsel: We want to tender it.
Q: You answered that letter and you have it on the file?
A: Yes please.
Counsel: We would like to tender that.
Q: So far as Lands Commission is concerned, who is the owner of this land?
A: Mr Magnus A.L. De Souza.
Q: Can you bring the certificate of title, if I give you time?
A: I would have to confirm we have the physical document.
Q: Apart from physical document, what else would you have?
A: We would have the soft copy of the acquisition plan.
Court: Lease dated 25th March 1977, assignment dated 8th November, record information dated 21st July, another 17th February 2022, consent certificate dated 23rd October 2019, another consent certificate issued 1997; letter from plaintiff’s lawyer to Lands Commission and your reply to that letter.
8 documents listed to confirm Certificate of Title and acquisition plan.
