Stay off Borteyman lands - Nungua Stool warns illegal developers
The Nungua Traditional Council has cautioned illegal developers and encroachers on the Adjiriganor/Borteyman lands to desist from disregarding a Supreme Court ruling which recognises the Nungua Stool as the rightful owners of the land and contact the Stool Secretariat for validation.
It warned that failure by any prospective developer to contact the Nungua Stool Secretariat to regularise the ownership of the land will lead to the loss of their respective properties.
At a press conference held on Monday, October 30, 2023, at the palace, the Nungua Mantse, King Professor Odaifio Welentsi III, who is also the Vice-President of the Greater Accra Regional House of Chiefs, urged members of the public seeking to buy land in the aforementioned area to deal only with the Nungua Stool.
“As the Paramount Chief of Nungua Traditional Area and the occupant of the Nungua Stool, I am 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 rigours of the law, King Odaifio Welentsi III said.
“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,” he added.
He, however, assured genuine landowners at the area of a “fatherly care” stressing, “you are in safe hands.”
Supreme Court ruling
The Nungua Mantse explained that in December 2020, a Supreme Court decision reaffirmed the Nungua Stool as the rightful owners of the Adjiriganor/Borteyman land in a case involving Empire Builders (Plaintiff), Emesto Taricone (Respondent), Top Kings Enterprise Limited (Respondent) and the Nungua Stool (Respondent) in the suit titled: Civil Appeal No. J4/10/2019.
He added that this was after an Accra High Court and Appeal Court had both pronounced similar judgements on the same case in June 2003 and December 2014 respectively.
However, the plaintiff (Empire Builders) being dissatisfied and aggrieved by the decisions of both courts referred the case to the Supreme Court.
“Conclusively adjudged that, Empire Builders, the developers of the estate aforementioned, at all material times acquired no form of interest in any land from the Nungua Stool and that includes the land on which the aforementioned estates is situated,” the Supreme Court ruled.
“In the circumstances, we find that there is no sufficient basis in law for any appellant interference with the findings of fact made by the Trial Court as affirmed by the Court of Appeal and consequently no reason to disturb the order giving effect to those findings and conclusions made by the judgement of the Court of Appeal,” it further ruled.
He advised the management of Empire Builders Ltd. to continue using the courts rather than fighting the Nungua Stool and its clients through press conferences and the use of land guards.
“Interestingly and surprisingly, nowhere in the said judgments were Empire Builders given a possession of any portion of the disputed land.
They should respect the rule of law and the Nungua Stool.”
“Be that as it may, we are urging members of the public seeking to have interest in land lease in the aforementioned area to only deal with the Nungua Stool and Top Kings Enterprise Ltd as we have been adjudged the rightful owners of the land in question,” he said.
A former Greater Accra Regional Minister, Nii Laryea Afotey Agbo, said the press conference was necessary because whenever they sent their people to supervise and survey the land, the developer got them arrested.
He advised the youth of Nungua and other perpetrators to desist from selling the lands without the permission of the elders.
The event was attended by Divisional and Sub-Divisional Chiefs and Queen mothers of the Nungua Traditional Council, as well as some residents of the Trasacco Valley Estates.