The Nungua Traditional Council has urged home owners on the Adjiringanor/Borteyman lands to have their documents regularised with the Nungua Stool.
The Council said it was also ready to extend leases covering properties on the land to legitimise their peaceful stay on the land.
This, according to Professor Oboade Notse King Odaifio Welentsi III, the Paramount Chief of the Nungua Tradional Area, was the right thing to do as Council was pronounced the rightful owners of the 456.25 acres parcel of land by the Supreme Court.
“Home owners on the land are been called upon to approach the Nungua Stool, pay homage personally first to be known as subjects by the King and to regularise their documents and to have extension of lease covering their properties on the land to legitimise their peaceful stay and to secure their properties as well,” Prof. Welentsi III cautioned.
Last week Monday, the Council at a press conference vowed to enforce judgements of the Supreme Court and other courts that confirmed the Nugua Stool as the rightful owners of the land.
The litigation over the ownership of the land was initiated by Empire Builders Limited against Top Kings Enterprise Limited.
Top Kings Enterprise Ltd is the only real estate company known by the Stool, and does business for and on behalf of the Stool.
On February 24, 1999, Empire Builders issued a writ of summons to 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 situated 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 and consequently there’s 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, which reduced the term of plaintiff’s lease, the court affirmed the judgment and dismissed the appeal.
Subsequently, 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
