An Accra Circuit Court on Wednesday granted GHC500,000.00 bail to a businessman accused of defrauding a lawyer of USD35,000 under the pretext of leasing a piece of land in Santeo to him.
The Court presided over by Mrs Sussana Eduful, ruled that two people serve as sureties for David Abu Kantong and be justified.
The sureties are to earn not less than GHC5,000.00 every month.
Kantong has denied the offence, and he will return to the Court on April 3, 2024.
Meanwhile, a bench warrant has been issued for the arrest of Alfred Nee Quartey Papafio, Ernestina Kwakor Quartey Papafio, and Joseph Kwate Quartey-Papafio for failure to appear in court.
Except for Alfred, who faces an abetment charge, they have all been charged with defrauding under false pretenses.
Assistant Superintendent of Police (ASP) Lawrence Kofi Anane stated that the complainant in the case, Mr Samuel Kojo Andrews, is a lawyer who lives in Tantra Hill.
He stated that Kantong is the Managing Director of M.O.S Property Consultancy Limited, Alfred is a businessman, and Ernestina is a fashion designer, adding that Ernestina and Joseph Kwate Quartey-Papafio are the Heads and Lawful Representatives of the Papafio family of Santeo.
ASP Anane said between 2015 and 2016, Kantong engaged the complainant as counsel for his company, M.O.S. Property Consultancy Limited.
During their working relationship, Kantong offered to sell two plots of fenced land situated at Santeo to the complainant, who expressed interest in it and was taken to the site for inspection.
He stated that after being satisfied with the location of the land, it was sold to him for 35,000 US dollars, and full payment was made to Kantong, who provided a receipt of payment to the complaint as an acknowledgement of payment.
The prosecution said a few weeks later, Kantong gave the complainant an indenture covering the land dated January 9, 2016, endorsed by Alfred, Ernestina, and Joseph, the accused as Heads and Lawful Representatives of the Papafio family.
The Court heard that when the complainant later went to the land to start his project, one Musah Shaibu who claimed ownership of the lot, prevented him from developing it.
ASP Anane said the complainant immediately notified Kantong of his challenges on the land and requested his assistance in resolving the issue, but Kantong insisted that the land belonged to his company and thus had no record of Mush Shaibu as the company’s lessee in respect of the land.
Whilst making attempts to settle the dispute on the land, the complainant also applied to the Lands Commission in Accra to register the land in his name, but his application was also rejected, according to the Police.
According to ASP Anane, the complainant brought this development to Kantong’s attention again and requested his assistance, but to no avail.
In 2020, the complainant visited the land and realised that Shaibu had begun erecting structures on the land, and all efforts to stop him were unsuccessful.
The prosecution told the Court that the complainant asked Kantong, his grantor, to intervene again, and he (Kantong) merely endorsed a new indenture covering the same piece of land for the complainant and left him to his fate.
According to ASP Anane, the complainant petitioned the CID on August 20, 2022, which resulted in the arrest of the accused. During the investigation, Kantong claimed ownership of the disputed land through M.O.S Property Consultancy Limited and acknowledged granting it to the complainant.
The grantors of the transaction were Alfred, Ernestina, and Josehp. An investigation revealed that the disputed land was part of a larger tract handed to Kantong’s brother, Salifu Johnson, by the Papafio family in Santeo.
Investigations also established that the late Salifu Johnson had sub-leased portions of his land, including the disputed portion, to individual developers prior to his death.
ASP Anane said a visit to the disputed land revealed that Musah Shaibu had built houses on it, and an official search at the Lands Commission in Accra showed that the land was affected by land certificate No. GA. 23478 issued to Shaibu.
The accused persons were accordingly charged with the relevant offences and put before court.
GNA
