In a significant legal decision, the Supreme Court of Ghana has upheld the ownership rights of the Nungua Stool over the disputed Adjiringanor/Borteyman Lands, concluding a prolonged legal dispute initiated by Empire Builders Ltd, which had laid claim to a substantial portion of the land.

This dispute traces its origins back to 1999 when Empire Builders filed a lawsuit against Top Kings Enterprise Ltd, seeking a declaration of title to a 456.25-acre parcel of land in Adjiringanor-North, Accra. Empire Builders also sought general damages for trespass, a perpetual injunction against interference with their land, and the annulment of Top Kings' land certificate.

The legal battle persisted with Empire Builders appealing to both the Court of Appeal and, ultimately, the Supreme Court. However, in the final judgment, the Supreme Court found no substantial basis for an appellate intervention with the trial High Court's findings and upheld the ownership rights of the Nungua Stool.

The Supreme Court emphasized that Empire Builders failed to substantiate their title to the land, and there was compelling evidence supporting the Nungua Stool's claim as the rightful owner.

The court also noted that the Nungua Stool had been granting leases to its subjects, and the Government of the Gold Coast had acquired land from the Nungua Stool in the 1940s.

Subsequently, Empire Builders pursued a separate lawsuit at the Adenta High Court, which was also dismissed. In response to this, the Paramount Chief of Nungua Traditional Area issued a stern warning to encroachers, urging them to cease their actions immediately.

The Paramount Chief emphasized that individuals or groups encroaching on the Borteyman Lands should anticipate legal repercussions. However, those who had legitimately acquired leases from the Nungua Stool were encouraged to approach the palace with their documents for verification.

The Nungua Stool further announced plans for a comprehensive exercise, potentially involving the removal of illegal structures on the disputed land. Homeowners were assured of their safety and promised "fatherly care."

This protracted legal battle, spanning over two decades, has conclusively established the Nungua Stool as the rightful owner of the Adjiringanor/Borteyman Lands. Encroachers and those who may have been misled by previous claims have received a clear and urgent warning to rectify their positions.

"On this note, as the Paramount Chief of Nungua Traditional Area and the occupant of the Nungua Stool, I'm 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 rigors’ of the law. Those who think they have legitimately acquired the lease from the Nungua Stool should report to the palace with their document in no time for authentication.

"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 demolishing if you wish, so the earlier you report to the palace, the better for you," the Nungua traditional council stated.

2023-10-30-12-15Download