…For Police Assistance To Carry Out Illegal Demolition On Pantang Land
Information gathered has indicated that Trasacco Limited is making frantic efforts, though described by many people as illegal, to secure police protection to execute a non-existing order for it to take possession of parcels of land at Pantang in the Adentan Municipality.
It would be recalled that Jeleel Company Limited, a Ghanaian construction company, was adjudged the owner of a parcel of land situate at Pantang, by the High Court Land Division, Accra.
Following that judgment by the High Court, a Writ of Possession was executed and placed Jeleel Company Limited on the said parcel of land.
However, after the execution of the Writ of Possession, Trasacco Furniture Co Ltd (Trasacco Furniture Limited) applied to the High Court to have the Writ of Possession set aside which was refused by the High Court on the grounds that, since Trasacco was claiming ownership of the land and the fact that the Writ of Possession was already executed, there was nothing to set aside, and that the proper remedy available to Trasacco was to issue a Writ against Jeleel Company Limited to have the entire judgment set aside.
In view of that Trasacco Furniture appealed the refusal to set aside the Writ of Possession to the Court of Appeal and the Court of Appeal granted the appeal and set aside the Writ of Possession only leaving the judgment of the High Court in favour of Jeleel Company Limited intact.
It has emerged that Trasacco set up a fraudulent scheme purporting to execute a non-existent Writ of Possession at the High Court by uncovering a scheme and made an application to the Supreme Court for a Stay of the fraudulent execution.
At the Supreme Court however, lawyers for Trasacco argued that the Court of Appeal did not make any executable orders and that Trasacco was not executing any judgement, so the Supreme Court ruled that since no executable orders were made by the Court of Appeal in favour of Trasacco, there is nothing to execute hence nothing to stay and proceeded to dismiss the application for Stay of Execution.
Trasacco, which is bent on carrying out with its intentions no matter how fraudulent it may be, wrote to the Chief Justice requesting for Police Assistance to execute judgement.
The letter to the Chief Justice, copy which is in possession of this paper, written by Trasacco’s solicitors claimed their land was unlawfully seized in a “purported execution of judgement entered in favour of Jeleel Company Ghana Limited vs Zion Energy Limited.”
It said however that, Trasacco applied to the High Court to set aside the Writ of Possession but it was dismissed by the High Court. It further fled for an appeal at the Appeal’s Court where their application was upheld and the Writ of Possession for Jeleel Company was set aside.
Trasacco also claimed that the matter travelled to the Supreme Court where judgement went in its favour.
However, Trassaco limited claims that the rulings at the Supreme Court gave it the mandate to take over the said land and take possession.
In view of that, after exhausting all avenues to get an order to carry out a demolition of properties on the said land which order wasn’t granted or given by any of the Courts, it wrote to the Chief Justice for Police assistance to carry out its actions.
Information received from reliable source hinted that, the Chief Justice refused Trasaccco’s demands on the grounds that he (Chief Justice) does not take such orders and cannot grant same hence sent the said letter to the Judicial Council for determination.
Meanwhile, speaking to some legal luminaries on the matter, they explained that since there is no order for Trasacco to execute, it has no right to carry out any action on the land since the High Court ruling determining the rightful owners of the land has not been disputed.
Residents are also calling on Trasacco to contact the allodia owners of the land since they believe they have acquired the land genuinely from the rightful owners.
