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Court begins trial on 31st DWM /DAKMAK case
Accra, Nov. 13, Ghanadot/GNA - An Accra
Fast Track High Court (FSHC) on Tuesday set out for trial
the case in which the 31st December Women's Movement (DWM)
is alleged to be illegally occupying a confiscated property
belonging to the Dakmak Enterprise.
The court at its sitting asked the plaintiffs to prove that
the property, which was confiscated under the Armed Forces
Revolutionary Council (AFRC) Decree 6, was later
de-confiscated and handed over to the plaintiff.
The Dakmak family filed a suit at the court asking it to
declare that the 31st DWM occupation of property No. 16 at
North Ridge residential area was illegal and had no right to
remain in that property.
The court presided over by Mr Justice K A Ofori-Atta
adjourned the case to January 23 and 24, 2008 for trial.
The court would also have to declare whether or not the said
property was confiscated under the Armed Forces
Revolutionary Council (AFRC) Decree 6, or Provisional
National Defence Council (PNDC) Law 325.
It would determine whether or not under the transitional
provision of the 1992 Constitution the plaintiff could bring
an action against defendant (31st DWM).
Mr Thaddeus Sory, counsel for the Dakmak family in his
application prayed the court to declare that the defendant
occupation of the plaintiff's property at No.16 North Ridge
residential area was wrongful.
He said the defendant had no colour of right to remain in
the plaintiff's property and retain possession.
Mr Sory also asked the court to order for an immediate
recovery of the property from the defendant in favour of the
plaintiff.
He said since the property was confiscated on August 3, 1979
the Dakmaks had lost a lot of revenue that would have
accrued to them if they had rented it to a third party.
Mr Tony Lithur, counsel for the 31st DWM in his submission
maintained that the Dakmaks’ property was properly
confiscated under AFRC decree 6 and that the property had
not been de-confiscated as alleged by the plaintiffs.
GNA
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