By Mohammed Awal
awalm19@gmail.com
The
Human Rights Division of the High Court has exonerated Mr. Prince Kofi
Amoabeng, President of UT Holdings, of fraud charges brought against him
by Nana Otua Swayne.
Nana Otua Swayne, who is the
complainant, in her suit claimed that Mr. Kofi Amoabeng had fraudulently
acquired her property at Number 23 Ringway Estate in Accra, after she
released the title of the said property to him.
But, the
court, presided over by Justice Kofi Essel Mensah, ruled that the
complainant, at the time of filing the suit, had long ceased to be the
owner of the said property, and, therefore, had no lawful claim to the
property, to be defrauded of it.
Dismissing the case,
the judge said from the totality of the evidence before him, he found
that the complaints against the respondent (Kofi Amoabeng) by Nana Otua
(complainant) could not be regarded as criminal in law to warrant
prosecution on a charge of fraud.
He, therefore, ruled that those chargers were baseless and unjustifiable in law, describing it as a charge brought in bad faith.
In
his response to the ruling at a press conference Wednesday in Accra,
Mr. Kofi Amoabeng said he was deeply satisfied with the ruling, as it
was a vindication of “my position of innocence.”
“After
years of infringing on my human rights and reputation, justice has
finally prevailed,” he stated excitedly, pledging to be guided in all
his activities by the values of integrity and respect.
Background
In
January 2013, Nana Otua Swayne filed a case against Mr. Prince Kofi
Amoabeng, alleging the fraudulent acquisition of her property through
the release of the title deed of the said property to one Mr. Alexander
Adjei (now deceased) to secure a loan from the HFC Bank.
Nana
Otua, in October 2005, decided to sell her house at Number 23 Ringway
Estate in Accra, and entered into a sale agreement with the late
Alexander Adjei, where the payment price was to be made in installments.
The
terms of the agreement were that the property should pass to the
purchaser on actual completion of payment. Consequently, UT Financial
Services released the title deed to the purchaser upon payment of the
full purchase price, as agreed.
However, in her
statement of claim, the plaintiff, Nana Otua Swayne, said after
negotiations, it was agreed that the selling price was US$280,000 US,
payable in three installments – in October, November and December
respectively.
However, the UT boss suggested that since
she (Owusuaa) was relocating to the United Kingdom, and the purchase
price was not going to be paid in full, he (UT boss) was ready to
advance a loan of GH¢25,000 with a reduced interest rate of 6 percent,
so that when the November installment payment comes, it will be deducted
at source.
Nana Otua also indicated in her writ that in
furtherance of the loan, Mr. Amoabeng collected the indenture as
collateral, but failed to provide the loan as promised.
The
lawyer for plaintiff advised her that since she was going be out of
Ghana for more than 90 days, during which time full payment of the
purchase price would have been made, she should execute a “Deed of
Assignment” so that upon completion of payments the transfer of
ownership would be smooth.
But, after the plaintiff signed the Deed of Assignment, she claimed, her lawyer handed over the said Deed to the UT boss.
On
October 14, 2005, the UT boss sent the Indenture and Deed of Assignment
to the Lands Commission and registered the property in the name of the
late Alexander Adjei.
The statement further explained
that on the same day, the UT boss mortgaged the said property to Mr.
Asare Akuffo for a facility, and on the same day the plaintiff was given
the first installment of US$100,000.
In November 2005,
no payment was made, as well in as December 2005, thereby constituting a
breach of contract of sale, and then in February, an amount of £40,000
was purportedly paid as part of the contract of sale.
“To
the horror of the female chief, she learnt that even though the UT boss
never advanced the loan to her, he purportedly absorbed as much as
US$80,000 being the supposed third and final installment, claiming a
fraudulent interest of GH¢60,000 on the un-awarded loan of GH¢25,000.
She also
alleged that Mr. Amoabeng used her property to secure an unknown
facility from HFC, which he had used extensively all these years.
Naa
Otua Sawyne, in her writ, was seeking a relief of recovery of
possession of her house, H/no. 23 Ringway Estate, Osu, from Mr.
Amoabeng, recovery of her indenture from him, and award of general
damages for the wrongful and unlawful use of her indenture for monetary
gain.
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