According to them, a High Court judgement delivered on May 14, 2003 had given clear indication of who owns the land and the capacity each of the feuding factions has over the lands.
The Nungua Stool is of the view that, claims by the Teshie Stool over the Adjiringanor land is false and cannot hold hence, advising residents on the land to atone tenancy to the Nungua Stool.
Basing their position on the judgement delivered by Justice Brobbey, Justice of the Supreme Court, in a case involving Empire Builders (Plaintiff) vs. Top Kings (Defendant), Nii Bortrabi Oroni II, Numo Borketey Laweh Tsuru, Lands Commission and Reit-Top Housing Estate Limited (Co-Defendants), the Nungua Stool pointed out that Empire Builders has not be given a possession of any portion of the disputed land which dispute have long been settled by the Courts.
According to the Nungua Stool, official search result dated 26th April 2024, made by Kwaku and Wilhemina Asamoah over the said land, which indicated declaration for Seth L. Mensa, a lease from Seth Laryea Mensah and others to Baron T. F. Enersto, assignment from Baron T. F Enersto to Empire Builders Ltd, surrender from Empire Builders to Odaitei Tse We Family, Ashong Mitse Family to Teshie Odaiteye Tse We Family and a judgement in favour of Nii Anorkwei and Nii Tuaka Families, is null and void.
The Stool pointed out that a Supreme Court judgement given in favour of the Nungua Stool supersedes any other declaration given by a High Court hence, Seth L. Mensa, Baron T. F. Enersto, Empire Builders, Odaitei Tse We Family, Ashong Mitse Family, Teshie OOdaiteye Tse We Family, Nii Anorkwei and Nii Tuaka Families have no capacity over the lands.
Meanwhile, they averred that persons with lodgment number 004883/2008 should also atone tenancy to the Nungua Stool or face legal action.
According to Nungua Stool, Top Kings portion was affirmed, the rest in the judgment plan and the large track beyond the plan was affirmed to the Nungua Stool.
In his May 14, 2003 judgement, Justice S.A. Brobbey indicated that one of the grounds for the allegation of fraud against the Defendant is that the Defendant registered the land at a time that the Plaintiff had registered its land.
He stated that “If that were legitimate grounds for fraud or misrepresentation, the Plaintiff could equally e said to have been liable for fraud because at the time it registered its land in 1979, the government land has already been acquired and registered.”
Meanwhile from the results of the searches on the land forming the subject matter of the joint venture, that joint venture could probably be described as bona fide purchaser for value without notice.
However, the judgement noted that when the Curt moved in, substantial portions of the plots were being developed, and an order for Perpetual Injunction was made against the Plaintiff, its workers and agents for interfering with the use of the 39.59 acres by the and Reit-Top Housing Estate Limited (Co-Defendant).
The import of the judgement according to the trial judge is that the Plaintiff, the Defendant, 3rd co-defendant and 4th co-defendant should hold the portions of the disputed land they have already developed or were in the processing of developing when the court visited the land in question.
However, if there is any specific area claimed by the Plaintiff and defendant which overlap, should be drawn to the attention of the court for appropriate orders to be made.
With this, the Nungua Stool is urging residents on the Top Kings operated land to atone tenancy to the Stool.
