An Accra circuit court has sentenced a 35-year-old Chief of the Bortianor Dunkonah Traditional Area, James Ogbamey to two years imprisonment and also to pay GH¢6000 as compensation to the complainant.
The trial judge earlier acquitted him on a charge of unlawful protection of land but sentenced him on two counts of Trespass of land contrary to section 157 of the Criminal and Other Offences ACT 1960, (ACT 29) and causing damage.
Briefing the court, Chief Inspector Benson Benneh told the court that complainant Priscilla Sey Amoah, is a Secretary residing at Sowutuom, Accra while accused James Ogbamey is the Bortianor Dunkonah Mantse and Secretary to the Bortianor Stool Secretariat.
He said during the year 2011, complainant’s father, Moses Gelib Sey Amoah purchased two (2) plots of land situated at Bortianor from Nii Akotey IV, Dzasetse and acting Bortianor Mantse, a lawful representative of the Nii Kwei Arku Family of Bortianor which the complainant’s father built a four bedroom self-contained building on portion of the land, fenced with a gate and built a single room on the other adjoining land to secure the land.
That, recently, she had information from their caretaker that, accused violently entered the land with excavator machine, graded the land and in the process, caused damage to the single room built on the land for years now, without any court order and claiming ownership for one Bernard Paa Kwesi Ofori.
That, the one plot of land has been allocated to the said Bernard Paa Kwesi @fori by the Bortianor Stool and the grantor of the complainant does not have the capacity to alienate the said parcel of land to her father.
On 31/12/22, Priscilla Sey filed a complaint at Weija Police and accused was arrested. In his investigation cautioned statement, he admitted the offence and was charged accordingly.
The circuit court 10 presided over by Evenlyn Asamoah sentenced him after the full trial of the case stating that the prosecution has proved all the essential ingredient of trespass and causing damage.
