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The office of the Nungua Paramount Chief has issued a statement under the hand of the stool secretary to roundly condemn what he described as the despicable engagement of the military and police personal in landguard operations when they should rather be the ones fighting the landguard menace to property owners.
He made this call in the wake of the recent joint police and military demolition of private properties in Borteyman/Adjiriganor enclave without court order after the owners had lawfully acquired these lands from the Nungua Stool without hitch or glitch.
These unofficial landguards from the police and military were allegedly acting under the instructions of a retired army Captain called Kwadwo Koda who is believed to be involved or an interested party in an ongoing land litigation at an Accra High court 8(Land Division), involving Adjetey Agbosu and orders Vs Ebenezer Nikoi kotey and orders in a suit No: L/2970/93.
However, even before final verdict is given by the court, these military and police personnel are already flagrantly disregarding the court process by destroying properties of owners recognized by the Nungua Stool.
At a press conference held on October 30, last year, the Nungua Traditional Stool called on prospective developers to contact the Nungua Stool Secretariat to regularize the ownership of the land.
The Nungua Mantse, King Professor Odaifio Welentsi III, who is also the Vice-President of the Greater Accra Regional House of Chiefs, on the heels of this destruction has urged the general 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.”
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, a 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
