The Supreme Court of Ghana has upheld the ownership rights of the Nungua Stool over the disputed Adjiringanor/Borteyman Lands.
This decision comes after a prolonged legal battle initiated by Empire Builders Ltd, who had laid claim to a substantial portion of the land.
The dispute dates back to 1999 when Empire Builders filed a lawsuit against Top Kings Enterprise Ltd, seeking a declaration of title to a 456.25-acre parcel of land in Adjiringanor-North, Accra.
Empire Builders also demanded general damages for trespass, a perpetual injunction against interference with their land, and the nullification of Top Kings' land certificate.
The legal saga continued, with Empire Builders appealing to both the Court of Appeal and, later, the Supreme Court. However, in a final ruling, the Supreme Court found no sufficient basis for an appellate interference with the findings of the trial High Court and upheld the ownership rights of the Nungua Stool.
The Supreme Court emphasized that Empire Builders had failed to prove its title to the land, and there was substantial evidence to support the Nungua Stool's claim as the rightful owner.
The court also highlighted that the Nungua Stool had been granting leases to its subjects and that the Government of the Gold Coast had acquired land from the Nungua Stool in the 1940s.
Despite this, Empire Builders continued their legal battle by filing a separate suit at the Adenta High Court, which was also dismissed. In response to this, the Paramount Chief of Nungua Traditional Area issued a stern warning to encroachers, urging them to desist from their actions immediately.
The Paramount Chief stressed that individuals or groups encroaching on the Borteyman Lands should expect legal consequences. However, those who legitimately acquired leases from the Nungua Stool were encouraged to report to the palace with their documents for authentication.
The Nungua Stool also announced plans for a massive exercise, which may include demolishing illegal structures on the disputed land. Homeowners were reassured of their safety, with the promise of "fatherly care."
This legal battle, spanning over two decades, has now firmly established the Nungua Stool as the rightful owner of the Adjiringanor/Borteyman Lands. Encroachers and those who may have been misled by previous claims have been given a clear warning to rectify their positions promptly.
"On this note, 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 Lands 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 document in no time for authentication.
"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 demolishing if you wish, so the earlier you report to the palace, the better for you," the Nungua traditional council stated.
Below is the statement
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Members of the Nungua traditional council