Audio By Carbonatix
Property owners at Frafraha and its surrounding areas in Accra have taken on the Minister of Lands and Natural Resources, Alhaji Inusah Fuseini, for not getting abreast with facts and allowing the Council for Scientific and Industrial Research (CSIR) to mislead him into taking a monumental decision.
The Animal Research Division of the CSIR has been in a tussle with residents on a land covering about 1,336 acres sine 2006 in court.
But Alhaji Inusah Fuseini over the weekend told Joy News an Accra High Court ruling last year named the CSIR as the rightful owner of the parcel of land in contention.
He therefore served notice that structures on the CSIR land would soon be demolished to enable the Council roll out new research projects.
But some of the residents who stormed the offices of myjoyonline.com on Tuesday showed a ruling dated April 25, 2013 which set aside the earlier ruling the minister was relying on.
"The foregoing authorities all show that the courts are not happy in driving a defendant from the judgment seat or shutting him or her out because of a default. I will, in the interest of justice and fair play set aside the default judgment upon..." John Ajet-Nasam, the presiding judge ruled.
The residents are therefore accusing the Council of peddling falsehood using the media.
Fred Adjei, Secretary to the association of residents said the defendants failed to show up in court, which led to last year's ruling because they were not aware of the dates as there was no personal service on the defendants.
"They (CSIR) went to court some years ago and they got a default judgment in their favour. Because we were not showing up... so when we saw the publication in the Daily Graphic early this year we went to the court and then we put in our defences to challenge the judgment that was given to them.
"So sometimes 25th of April 2013 after the judge has listened to both counsel, he granted and set aside the judgment given to the [CSIR], so as we speak now CSIR has no judgment to do any form of demolishing. However, they have been going to radio stations saying that they have judgment and very unfortunately they were able to deceive the sector minister Alhaji Inusah Fuseini, Lands and Natural Resource, into believing that they have judgment and they were going to start demolition of structures anytime soon, which is very unfortunate."
According him, recent reports that personnel of CSIR were attacked by some landguards were also inaccurate, he alleged that the officials had in fact gone there to demolish some structures without court order nor police escort and were resisted by the residents.
"We didn't just move and started building there. we bought the land from the chiefs, they gave us indentures and we paid for it, and most of us have been living there for the past 12 years. When we started putting up the structures, CSIR was there they never asked us anything, nobody stopped us, we have more than 2,000 housing units, more than 10,000 people currently live in the area."
Mr. Adjei however conceded that checks at the Lands commission about the rightful owners of the land showed that the land was still in the name of the state but "they made us to understand that it is part of some of the lands that the state was about releasing to the original owners ".
Meanwhile, he said the residents have filed their defence waiting for the CSIR to file for proceedings to resume "so that we will go into the merit of the case".
Nevertheless, Mr. Michael Debrah, an executive member of the residents association said, the residents are willing to help the CSIR to fence the remaining plot to ward off new encroachers until the final case is decided.
He also noted that they have also petitioned the CSIR for the two parties to sit down and come to a win, win solution.
"We put in our petition that even if they want us to buy a land elsewhere for them so that they will go and settle the animals there and the office will be at where it is now, we are ready to do it."
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