The Tamale Circuit Court has struck out a suit filed by the Tamale Board Sellers Association against the Lands Commission, Futuh-Kareeban Company Ltd and the Tamale Metropolitan Assembly over a commercial plot.

The disputed commercial plot is at Ward (I) situated between the Ghana Commercial Bank and the Shell Fuel Station, Aboabo Tamale.

His Lordship Justice Alexandra Owoare dismissed the plaintiffs’ case as being vexatious and abuse of the court process and awarded a cost of GHS2000.00 to the Land Commission.

The plaintiffs including Yahaya Ebo Quaye, Adam Mumuni, Yakubu Amidu, Abdulai Abdul Ganiu, Alhaji Abukari, Nana Tutubegu II and Taheru Mahey are dealers of Timber products at the Aboabo Market, Tamale.

In writ of summons on January 19, 2023 the plaintiffs said on behalf of themselves and the Tamale Board Sellers Association sued the Lands Commission, Fatuh-Kareebna Company Limited, and the Tamale Metropolitan Assembly as first, second and third defendants, respectively.

The reliefs sought by the plaintiffs include; a declaration that the land situated at Ward I Aboabo timber market is part of the forest Reserved land under the control and management of the forestry Commission, a declaration that the 3rd defendant could not evict the plaintiffs from the land they ply their trade as the same is part of Forestry Commission Land, a declaration that the 1st defendant has no mandate over Forestry Lands and therefore could not grant or allocate any part thereof to the 2nd defendant, a declaration that the conduct of the defendants constitute trespass, an order of perpetual injunction restraining the defendants their agents, servants, assigns and anybody claiming through them from evicting the plaintiffs and/or interfering with the plaintiff’s occupation and use of the disputed land and damages for trespass.

According to the plaintiffs, the land on which they conduct their business activities belongs to the Forestry Commission and they pay rent to Forestry Commission for squatting on the land.

In response to the case, the Counsel for the 1st Defendant (Lands Commission), Lawyer Jesse Sarfo filed a motion to the court to strike out the plaintiffs’ writ of summons and statement of claim, and in the accompanying affidavit, filed on February 17, 2023.

The 1st defendant in motion to strike out the case describes the plaintiffs’ claims as scandalous, vexatious and discloses no reasonable cause of action against the 1st defendant.

“That the plaintiffs’ writ of summons and statement of claim as it is sins against a definite cause of action against the 1st defendant and/or defendants that needs to be attended to by this honorable court” and “That from the afore-mention we respectfully pray for the writ of summons and statement of claim to be strike out and dismissed with punitive cost”.

Delivery his judgment of the case, His Lordship, Justices Alexandra Oworae said “in paragraph 8 of their statement of claim, the plaintiffs pleaded thus; the plaintiffs pleaded and other Boards sellers on the land pay rent to the Forestry Commission for “Squatting” on the land. Clearly from this pleading, the plaintiffs are describing themselves as squatters”.

Justice Oworae sighting the Black’s Law dictionary 8th edition defines a squatter as a person who settles on property without any legal claim or title, adding that, the Court will respect the narration “squatter fees” as indicated by Forestry Commission on the receipts filed by the plaintiffs.

“Altogether, I am of the considered opinion that the plaintiffs by their own showing have admitted that they are squatters on the disputed land. As squatters they have no right or interest to protect in the disputed land and their attempt to initiate the instant action is premature”.