General News of Tuesday, 23 October 2012

Source: Daily Guide

Konadu grilled over 31st building

A former First Lady, Nana Konadu Agyeman Rawlings was yesterday questioned by an Accra Fast Track High Court (Financial Division) over the ownership of the 31st December Women's Movement (DWM) building located at North Ridge in Accra.

Nana Konadu, president of the movement, was to explain to the court presided over by Justice John Ajet-Nasam, why the DWM still occupied the said building despite instructions from government since 2002 that it should hand over the said building to its rightful owners.

The movement had been sued by a private company, WASSEF Sadallah Darkwa, for allegedly possessing its building.

Mrs. Rawlings, in her evidence to the court, had allegedly indicated that the property was given to the movement by the state during her husband, Jerry John Rawlings's administration and that although she wrote to the government to have the legal title deed transferred to the movement, government failed to do that.

She requested that the plaintiff pay back the money that was used in rehabilitating the building to its present improved condition before making any claims to it.

This is also because she said when the state gave the DWM the then confiscated building, it was in a deplorable condition and the movement had to renovate it before occupying it.

In response to a cross examination question, Mrs. Rawlings said she had not seen any two letters written in 2002 to the movement informing it to leave the building because it had been de-confiscated.

She however said the movement was informed to vacate the building at a meeting with some state officials.

She said the movement met with some senior lawyers for advice and they advised that the building should be evaluated for the plaintiff to pay the amount involved before handing it over.

As a result of the advice, the movement wrote a letter to the state, directing that the plaintiffs refund the money used in rehabilitating the building.

However, according to her, that had not yet been done.

Thadeus Sory, counsel for the plaintiff, therefore put it to her that from her own evidence, government did not legally transfer the building to the movement but Mrs. Rawlings maintained that “If indeed the plaintiff wants his property, we should be given our money and he, a foreigner, takes it”.

In the suit which was filed in 2007, WASSEF Sadallah Darkwa Company explained that it acquired the property from a certain Jonathan Kojo Chinebuah by way of assignment in January 19, 1978.

However, it was confiscated by the Provisional National Defence Council (PNDC).

According to the plaintiff, on September 24, 1997, the government ordered that its confiscated property be released to it but the 31st December Movement had, as at now, failed to do so.

As a result of that refusal, the plaintiff is seeking, among other reliefs, a declaration that the defendant's occupation of the plaintiff's property is wrongful.

The plaintiff is also praying the court to make an order in its favour for it to re-occupy or take possession of the property.

In addition, the company is requesting that the movement be ordered to pay back all revenue including interests on the prevailing bank rate made by way of renting the property to a third party from August 3, 1979 to date of judgement.