An Accra Circuit Court, presided over by His Honour Samuel Bright Acquah, has granted bail to 64-year-old businessman Damty Botchwey, who faces charges of fraudulent transaction of land under Section 277(2)(C) of the Land Act, 2020 (Act 1036).
Botchwey is accused of selling a 0.77-acre plot of land at Odorkor Terrazzo in Greater Accra to two separate parties, Chen Shuying and Union Beverages Company in February 2024. He pleaded not guilty to the charge.
The court granted him bail set at GHC 800,000 with three sureties, one of whom must justify their financial capacity. As part of the bail conditions, Botchwey must report weekly to the police.
The court considered his age and potential health challenges when granting bail, noting that his well-being is essential for the trial to proceed.
Botchwey had previously adhered to police enquiry bail conditions. The case has been adjourned to December 11, 2024, with the accused expected to comply with all bail requirements as the trial continues.
Brief Facts
The brief facts of the case are that complainant Chen Shuving is a Businesswoman and a Chinese national who lives in Osu.
The accused Damptey Botchwey is also a businessman and resides in
Madina.
Sometime in January,2023, the complainant needed a parcel of land to buy for her warehouse project.
Nii Boye Dzor introduced the complainant to the accused to assist her acquire the land.
After which the accused led the complainant to Odorkor Terrazzo and showed her a 0.77- acre land that he was offering for sale.
The complainant showed interest in the land after inspecting it and decided to buy it.
The accused Dampty Botchwey agreed to sell the 0.77-acre land to the complainant at the cost of GHC2,000.000.00.
The complainant, explained to the accused that she did not have the full amount to pay so she would make payments in instalment and the accused agreed.
Complainant Chen Shuying following the agreement started paying in instalment to the accused from 14th January.2023, and as at the 12th of February,2024, a total sum of GHC794,500.00 had been paid to the accused who in turn prepared an indenture in the name of the complainant’s son James Tang and handed same to her.
In January, 2024, the complainant visited the land site at Odorkor Terrazzo and met a group of young men working on the land.
She contacted the foreman and gathered information that the land had been resold to another company by name Union Beverages.
The complainant immediately called the accused who then asked her to calm down whiles he resolved the matter but has since done nothing about the case and keeps on giving her excuses.
On 7th March,2023, the complainant made a formal report to the Police and the accused person subsequently arrested on the above mentioned and has been brought before this honourable court for trial.