Nungua Traditional Council elders
The Nungua Traditional Council has warned encroachers on the Adjiringanor/Borteyman lands to desist from their actions immediately or face the full rigours of the law.
This warning comes after the Council won a series of court cases against Empire Builders, which had laid claim to a portion of the land. The Supreme Court, in its final ruling on the matter, affirmed the Nungua Stool as the rightful owners of the Borteyman Lands.
At a press conference on Monday, October 30 the Paramount Chief of Nungua, Nii Odai Ayiku IV, said the Council will not hesitate to take action against anyone who continues to encroach on the land.
He said the Council has already contracted the Survey and Mapping Division of Lands Commission to demarcate the judgement plan on the ground to know who owns what.
Nii Odai Ayiku IV urged all those who have legitimately acquired leases from the Nungua Stool to report to the palace with their documents for authentication. He also assured all homeowners on the land that they will be taken care of.
In a related development, the Nungua Traditional Council has also filed a contempt suit against Empire Builders for its continued occupation of the land despite the court rulings. The Council is seeking an order from the court to compel Empire Builders to vacate the land and pay damages.
The case is expected to come up for hearing in the coming weeks.
The dispute over the Borteyman Lands has been ongoing for several years. In 1999, Empire Builders filed a lawsuit against Top Kings Enterprise Ltd, seeking a declaration of title to a parcel of land situate at Adjiringanor-North, Accra comprising an approximate area of 456.25 acres.
Empire Builders also demanded general damages for trespass, a perpetual injunction restraining the Defendant, her assigns, privies or workmen from interfering with the quiet enjoyment of Plaintiffs land, an order that Land Certificate Noo TD 0042 recorded in Land Register Volume 019 Folio 28 issued in the name of the Defendant Company be nullified and expunged from the Lands Register on ground offraud, misrepresentation and, or mistake, and costs.
The High Court ruled in favor of Top Kings Enterprise Ltd, and Empire Builders appealed to the Court of Appeal. The Court of Appeal also dismissed the appeal, and Empire Builders appealed to the Supreme Court.
The Supreme Court upheld the decisions of the lower courts, affirming the Nungua Stool as the rightful owners of the Borteyman Lands.
Despite the court rulings, Empire Builders has continued to occupy the land. This has led to the Nungua Traditional Council filing a contempt suit against the company.
The Council is hopeful that the court will rule in its favor and compel Empire Builders to vacate the land.
