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Court gives
ultimatum to former CEO of Korle Bu
Accra, Dec. 18, Ghanadot/GNA – An Accra High Court on
Thursday, ordered the former Chief Executive Officer of the
Korle Bu Teaching Hospital, Professor Kwabena
Frimpong-Boateng and five others to issue within two months,
registered documents on parcels of land acquired at Oyibi
for 445 personnel of the hospital.
The court presided over by Mr Justice Lartey-Young in his
judgement, further asked the defendants to put the
plaintiffs in possession of the land.
Plaintiffs, who had not completed payment, should pay their
arrears before documents on the land are handed over to
them, the court ordered.
“If the defendants fail to provide land documents on the
land, they were to make refund to plaintiffs,” he said.
According to the court because the defendants did not make
any profit from the transaction they were not to pay any
interest on the money.
It dismissed the elements of fraud associated with the
transaction.
The court awarded cost of GH¢100 each to the plaintiffs.
The Plaintiffs last year sent Professor Frimpong-Boateng and
five others to court in connection with an alleged
fraudulent transaction over parcels of land at Oyibi, near
Accra.
They were to answer questions over registered documents
covering plots of land they had bought in 2004 for
plaintiffs, including doctors, nurses, and laboratory
technicians at Oyibi.
The plaintiffs were seeking an order compelling the
defendants to possess the land for which they had paid GH¢1,000
each.
Alternatively, they were seeking an order of the court
compelling defendants to refund monies collected from them,
general damages for fraud, interest on their monies as well
as cost.
The other defendants were Dr B.D.R.T. Annan, Director of
Medical Affairs, Mr Christopher Nartey, Director of
Administration, Mr Emmanuel E.B. Annan Kakabaah, Director of
Finance, Mr Alex Arhin, Secretary to Oyibi Land Committee
and the Hospital.
When the suit commenced, the defendants did not file any
defence hence plaintiffs filed a motion for judgement in
default of defence.
The defendants, however, filed an affidavit in opposition to
the motion for judgement in default of defence, saying they
were taken by surprise with the turn of events because some
leaders of the plaintiffs had entered into negotiations to
resolve the matter.
The defendants said they “had not perpetuated any fraud on
the plaintiffs” adding that the whole transaction was purely
an in-house matter.
The High Court therefore adjourned the case to July 27, 2007
to enable the plaintiffs and defendants to attempt an
out-of-court settlement. However, an out-of-court settlement
did not yield any results, hence the trial.
In their statement of claim, plaintiffs say in 2004,
defendants published in their in-house magazine, “Korle Bu
Bulletin” and on various notices boards that they had
secured a large tract of land at Oyibi on the Katamanso Road
on hire purchase.
Plaintiffs said the said notices requested that they paid GH¢800
per plot and the first deduction, which was the deposit fee
of GHC 100 would be effected through their February 2004
Additional Duty Hours allowance (ADHA) while the difference
GH¢ 700 was spread over a period of eleven months.
According to plaintiffs, they expressed interest and monies
were deducted for the payment of their respective plots.
The plaintiffs said later the price per plot was increased
to GH¢ 100, including an additional GH¢200 fee charged to
support administrative and documentation processes.
Plaintiffs said they had all completed payment for their
respective plots.
The Plaintiffs said for them to believe in the integrity of
the transaction, the defendants organised a group trip to
the land ostensibly to show them their respective plots.
They said the defendants issued out documents to some of the
plaintiffs but they were found to be fake and were
withdrawn.
They said they were neither given their documents nor the
land, although they had written reminders to the defendants.
Plaintiffs therefore contended that the defendants had
defrauded them.
GNA
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