The Nungua Traditional Council will enforce judgements of the Supreme Court (SC) and other courts that confirmed the Nugua Stool as the rightful owners of 456.25 acres of land at Adjiringanor/Borteyman.
Addressing elders and members of the Council at a press conference on Monday, the Paramount Chief of Nungua Traditional Area, Professor Oboade Notse King Odaifio Welentsi III, said the enforcement of court decisions on the land would be done before the end of the year.
“We are assuring all and sundry that by the end of this year, there is going to be a massive exercise, you can call it demolition if you wish, so the earlier you report to the palace, the better for you,” the Nungua Mantse said.
Prof. Welentsi III cautioned the public to desist from encroaching the Borteyman land or face the law.
“As the Paramount Chief of Nungua Traditional Area and the occupant of the Nungua Stool, I’m sounding a warning to the unscrupulous encroachers, being individuals or group of individuals on the Borteyman Land to desist from their actions immediately before they face the full rigors’ of the law. Those who think they have legitimately acquired the lease from the Nungua Stool should report to the palace with their documents in no time for authentication.”
Prof. Welentsi III also urged the public to only deal with the Nungua Stool and Top Kings Enterprise Ltd as they have been adjudged the rightful owners of the land.
The Adjiringanor/Borteyman lands had been a subject of litigation between Empire Builders Limited and Top Kings Enterprise Limited for decades.
On February 24, 1999, Empire Builders issued a writ of summons at the Accra High Court against Top Kings Enterprise Limited, the company given authorisation by the Nungua Stool to sell the lands, and asked for a declaration of title to a parcel of land situate at Adjiringanor-North, Accra comprising an approximate area of 456.25 acres.
As part of the reliefs, the plaintiffs asked the court to award cost for damages and perpetually injunct Top Kings Enterprise Ltd and its assigns from working on the land.
The plaintiffs lost the case at the high court and appealed the decision at the Court of Appeal, Accra.
The Court of Appeal also dismissed the case of Empire Builders Ltd and the plaintiffs went to the Supreme Court, which eventually dismissed the plaintiff’s appeal.
The Supreme Court held that there was no sufficient basis in law for any appellate interference with the findings of fact made by the trial high court as affirmed by the Court of Appeal, Accra, and consequently no reason to disturb the order giving effect to those findings and conclusions made by the judgment of the court of appeal.
The Supreme Court further held that save the variation made with respect to the order of the Court of Appeal, Accra, which reduced the term of plaintiff’s lease, the court affirmed the judgment and dismissed the appeal.
Subsequent to this, the plaintiff in 2021, instituted another action against Top Kings Ltd, at the Adenta High Court titled “Empire Builders Ltd versus Top Kings Limited” in respect of the same subject matter which had already been adjudicated upon and determined in favour of the Top Kings Ltd and two co-defendants in the earlier suit.
Justice Fred Kwasi Awuah, sitting at the Adenta High Court, in dismissing the suit against the defendant, Top Kings Ltd, on July 30, 2021, stated in his ruling; “As I have already observed in my preliminary decision, I am persuaded by the argument of the applicant. There is no doubt that the land being claimed by the respondent forms part of what has already been litigated between them for the past 20 years.”
BY MALIK SULLEMANA
The post Nungua Stool vows to enforce SC ruling on Adjiringanor/Borteyman lands appeared first on Ghanaian Times.
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