File photo: Land dispute
Management of Tare Properties and Development Company Limited have accused some elders of Aplaku and Tetegu of selling portions of 1020.36 acres of land situated at Tetegu in the Ga South Municipality.
The company claims to have legally acquired the said land from the late Aplaku Mantse, Nii Okoso Aplaku I, and Tetegu Mantse, Nii Kofi Kuma.
Speaking in an exclusive interview with Today in Accra, Director of the company, Mr. Koranteng Koi Larbi, mentioned that some elders of Aplaku and Tetegu allegedly connived to sell the land to unsuspecting Ghanaians.
He mentioned Principal Elder, Mr. Elias Awuku Vorvornu (Wokunakpa), Okyeame, Mr. Livingston Atukpa, Queenmother of Tetegu Stool, Naa Kafui and Asafoatse, Mr. Happy Atukpa as the culprits.
He revealed that the illegal activities of these afore-mentioned elders were reported to the Property Fraud Office of the Criminal Investigative Department (CID) of Ghana Police Service in Accra for which these elders were dully invited by the police to come and answer.
According to him, by a lease agreement dated May 2003, the1020.36 acres of land has been alienated to the company by the late Nii Okoso Aplaku I, Nii Kofi Kuma I and Aplaku Wolumo, Numo Tetteh Nartey II with the consent and concurrence of principal members of the Nii Nartey Aplaku family at James Town.
He said the company has dully registered the land in question at the Lands Commission as number AR/7/49/2004 and stamped as LVB 3606/0507.
He quoted the law of the Lands Commission which stipulates that: “The right of a registered proprietor under section 43 of the law are indefeasible and are superior to any conferred under any other form of registration,” noting that only the High Court can set aside or nullify the rights of proprietorship.
He asserted that his outfit could not understand why these elders of Aplaku and Tetegu, particularly Numo Tetteh Nartey II who is aware that the company legally acquired that acres of land from the accredited elders should turn back to resell that same land to unsuspecting individuals and organisations.
To this end, Mr. Larbi, called on the general public to conduct search at the Public Vested Land Department of Lands Commission at Cantonment in Accra, in case of buying land at Tetegu in Ga South Municipality to ensure that they transact business with the rightful people to avoid dealing with any unauthorised persons.
In a quick response to the allegations in an interview with Today, Numo Tetteh Nartey II admitted the practice of some elders of Tetegu to illegally sell lands at Tetegu to private developers, but denied his involvement in this illegal practice.
Describing the whole development as “unlawful and criminal,” Numo Tetteh Nartey II stressed that:” I have never been involved in selling lands at Tetegu to any individual and organisation as claimed by management of Tare Properties and Development Company Limited, so l dare the company to provide evidence in that regard.”
He said if he had been selling land belonging to Tare Properties and Development Company Limited, he would not go ahead to cause publication in newspapers, warning those who are illegally selling lands at Tetegu to stop the unlawful practice else they would face the full rigours of the law.
He maintained that those illegitimate elders who claim to be owners of Tetegu lands were the people who are illegally and indiscriminately selling the lands to unsuspecting Ghanaians with a forged signature of him (Numo Tetteh Nartey II).
However, in an exclusive meeting with Today which was held at Aplaku on Saturday, April 2, 2016 to seek further clarification on the issue, Queen mother of Tetegu, Naa Kafui, on behalf of the elders stated categorically that they have not at any point in time engaged in illegal sale of the said lands.
Naa Kafui stated that the company has no legal title to any land at Tetegu, but she was quick to confirm that “the agreement we have with the company was that we the elders of Tetegu with the consent of principal members of the Nii Nartey Aplaku family of James Town in Ga Mashie on May 7, 2003 signed a MoU with the company to lease plots of land to the company for real estate development, salt industry and tourism centre.”
Flanked by some principal elders of Aplaku and Tetegu including Numo Tetteh Nartey II, Mr. Elias Vorvornu and Mr. Happy Atukpa, Naa Kafui pointed out that the two parties agreed that the lease shall be for a term of ninety-nine years and if the company failed to construct at least one bridge on the river Densu which linked Old Tetegu and New Tetegu after five years, the contractual agreement shall be abrogated.
“At the expiration of the term of 99 years hereby granted upon writing by the company (lessee) for such renewal the lessor who are the elders of Tetegu and Aplaku shall have the option and discretion to renew the lease a further term of years certain and upon terms and condition to be served hereunder shall be sufficiently served on the lessee if delivered personally.
“…or sent by registered post to him at his postal address or last known place of abode. This contractual agreement between the company and elders would be reviewed every five years,” she asserted.
The agreement, according to her went on to state that; the company shall pay yearly rent of GHC30,000 per plot to be reviews after every ten years, stating that “Payment shall commence five years after document has been dully registered.”
The queen mother indicated that the agreement added that after the payment, ground rent shall be applicable only to portions of land reserved for estate development, noting that the company shall ensure prompt payment of yearly rent when due.
She went on to state that the company shall pay thirty per cent of the yearly profit to Tetegu and Aplaku stools in the agreement likewise tourism and there must be representatives of the two stools on the board of directors of the company.
But, according to the queen mother, the company has not carried out a single project on the land, saying that the situation attested to the fact that the company had virtually breached the terms and conditions in the contractual agreement, hence the decision by the elders of Tetegu and Aplaku to abrogate the contract and reclaim their lands.
But in a quick response, Mr. Larbi rubbished the claims by the elders of Tetegu and Aplaku, stating that the elders have also violated terms and conditions in the contractual agreement by not providing the company with land which is free from litigation.
He explained that the company was not able to execute the projects on the lands within the stipulated time frame in the agreement because the late Dansoman Mantse, Nii Kojo Danao I, has taken the elders of Tetegu and Aplaku to an Accra High Court in regard to the ownership of Tetegu lands.
He noted that the case was entitled; “Nii Kojo Danao I, (substituted by Samuel Nii Arku Danso) the plaintiff versus Ayiattah Tsuru, the Lands Commission and Tare Properties and Development Company Limited,” the defendants with suit No. AL 45/2005.
He said on May 29, 2006 the High Court presided over by His Lordship, Justice Richard Asamoah, granted an application for interim injunction and restrained all parties to the suit from dealing with the said land at Tetegu.
That court injunction, according to him, has caused the delay of the company to execute the projects, stressing that since the company has legally registered the lands at Land Commission, it means that the company still has ownership title to the land.
Against this background, Mr. Larbi gave assurance of the company’s commitment and readiness to use all legal means to reclaim its lands which have been encroached upon by residents of Tetegu.
