Group Chairman of McDan Group of Companies, Dr. Daniel McKorley, has initiated legal proceedings against the University of Professional Studies-Accra (UPSA) on the grounds of what he claims to be an unlawful entry onto his property.
The disputed land is located in Mpehuasem, situated within the Adenta Municipality of the Greater Accra Region, covering an area of approximately 1.34 acres.
In his formal Statement of Claim, Daniel McKorley, the plaintiff, is pursuing various legal remedies.
These remedies include a declaration asserting his rightful ownership and possession of the land, an order for the recovery of possession, compensation for trespass, and a directive for the cancellation of the defendant’s (UPSA) land certificate numbers GA 60960 and GA 60961, both issued on 11/2/2020 and 2/1/2020, respectively.
Furthermore, he is seeking a perpetual injunction to prohibit the defendant, as well as its officers, assigns, agents, grantees, servants, and workmen, from engaging in any activities related to the land.
According to the plaintiff, he acquired the land from its legitimate owners and obtained an indenture in 1995.
This indenture was executed between Nii Torgbor Obodaifio, who served as the Head and Lawful Representative of the La-Shanshie family of Mpehuasem, acting as the vendor, and Michael Amenigye, who was the purchaser.
This indenture was duly stamped as LVB.16322/1999.
Subsequently, a deed of conveyance (Indenture) dated April 17, 2005, was executed between Michael Amenigye, the vendor, and Daniel McKorley, the purchaser, stamped as LVB 9897/2006.
This deed conveyed a specific parcel of land from Michael Amenigye to Daniel McKorley.
McKorley took effective possession of the land by erecting a fence wall around it and remained in possession without any objections until 2020, when his employees informed him that UPSA had placed a signpost on the land, claiming ownership.
The signpost read, “Property of UPSA. Keep Off.”
The plaintiff, Dr. Daniel McKorley, reached out to the Vice Chancellor of UPSA, Professor Abednego Feehi Okoe Amartey, who confirmed that the land was owned by UPSA, having obtained it from the Numo Nmashie family.
Despite this confirmation, McKorley continued to assert his ownership and even offered to provide an alternative piece of land to UPSA, which the university declined.
Subsequently, the plaintiff managed to obtain documents, including two certificate numbers (GA 60960 and GA 60961) dated 11/2/2020 and 2/1/2020, which were in the name of UPSA.
Any attempts by McKorley to develop the land were met with resistance from UPSA, which employed land guards.
Given these developments, the plaintiff initiated legal action against UPSA.
He sought injunctive relief in the form of an interlocutory injunction to prevent UPSA from dealing with the disputed land until the final resolution of the case.
In a subsequent lawsuit filed on August 24, 2023, the plaintiff has asked the court to hold Professor Abednego Feehi Okoe Amartey, Vice Chancellor of UPSA, and Dr. Koryoe Anim-Wright, Registrar of the University, in contempt for entering and developing the disputed land while the injunction application and the core legal matter are still pending determination.
“That despite the fact that the respondents herein, being officers of the defendant, had knowledge of the said pending application for interlocutory injunction, they nevertheless acted by taking matters into their own hands and proceeded to clear the land and commence construction on the land, damn the consequences,” the application by the plaintiff read in part.
The actions of the defendants, according to Dr. McKorley, are a clear contempt of the orders of the court and interfere with the due administration of justice.
He has thus pleaded with the court to punish them to serve as deterrents “to like-minded persons who have demonstrated no respect for the authority of the Honourable Court and its processes.”