On the 9th of October 2019, the Omanhene of Berekum, Daasebre Amankona Diawuo II authorized the demolishing of the Berekum Lorry Station Public toilet to pave way for the construction of a new one proposed by Berekumman Citizens Association, though authorization to hand over the facility to the association was rejected by the general assembly of the Berekum Municipal Assembly on the 21st of September, 2019.
On the 27th of October 2019, the association initiated the demolishing exercise led by Evangelist Paul Osei Agyeman and indeed demolished half of the facility. The exercise resulted in a confrontation between the operators of the facility and the leaders of the association in Berekum.
On the 30th of October, 2019, The Berekum Municipal Assembly filed a suit against the Omanhene of Berekum Traditional Area, Daasebre Dr Amankonah Diawuo II and the executors of the authorization (to demolish the toilet facility), Evangelist Paul Osei Agyeman, Mr. Oppong Kwame, Mr Ali Mohammed (members of the association) and Mr Solomon Ofori (excavator driver) hereinafter referred to as defendants. The assembly is making a claim against the defendants for;
1. Exemplary damages for destruction of Female Toilet located and situated at Berekum Lorry Park.
2. Perpetual injunction restraining the defendants and all those claiming through them, their servants, and agents, assigns workmen etc. from having anything to do with the Public Toilet dispute.
3. Recovery of Four Hundred Ghana Cedis (GHC 400.00) per day as loss of the use of the damaged Female Toilet.
4. General damages for trespass.
In the statement of claim as outline by the Berekum Municipal Assembly hereinafter referred to as plaintiff in the suit filed at the High Court of Sunyani, avers that,
1. The land presently used as the main Lorry Park was customarily granted to the then Berekum District Council by Nana Yiadom Boakye II Past Omanhene of Berekum Traditional Area more than Sixty (60) years ago.
2. As part of its statutory function, during the time tenure of office of Mr Kwabena Kyere Adusah as the Municipal Chief Executive somewhere in 2002 under Urban Five Project, constructed Public Place of Convenience (Public Toilet) at Berekum Lorry Park for use by the travelling public.
3. The Public Toilet in the preceding paragraph since its construction had been under its control and possession.
4. Somewhere in June 2019, it received a letter from Paul Osei Agyeman styling himself as a founder of Berekum Citizen Association requested for permission to construct an ultra-modern toilet facility in place of the existing Public Toilet at Berekum Lorry Park.
5. As part of the procedural requirement, the letter was referred to the General Assembly for consideration and at its meeting held on 17th September 2019, members rejected the request.
6. The decision of its General Assembly was communicated to Paul Osei Agyeman and Berekum Traditional Council on 24th September 2019.
7. The Defendants without its consent and authority on 27th October 2019 at midnight hired the services of Mr Solomon Ofori to demolish the existing Public Toilet facility at the Berekum Lorry Park.
8. On 28th October 2019, it received a letter from Daasebre Dr Amankona Diawuo II, alleging that Plaintiff is a mere licensee on the land in which the Public Toilet is situated and he has decided to revoke and re-enter the land and given it to members of the Berekumman Citizens association.
9. Daasebre Dr Amankona Diawuo II having divested his interest on the land being used as Lorry Park to the then Berekum District Council, the predecessor of Plaintiff by the customary grant has no land to be given to members of the association.
Daasebre and the other defendants are to respond (or make an appearance) to the suit within eight days from the 30th of October, 2019 else judgment may be given in their absence.
