Two factions nearly clashed at New Bortianor behind the West Hills Shopping Mall and directly opposite Ultimate Hotel in Accra yesterday over a parcel of land which has declared a government property by the court.
Two businesspeople Victoria Afful and Addo Wiafe are fighting over the four plots of land.
DAILY GUIDE’s checks showed that an Accra High Court (Land Court 7) gave judgement and declared that the said land belonged to government.
The high court, presided over by Justice Emmanuel Amo Yartey, ruled that none of the parties can claim ownership of the land.
But it has emerged that one of the claimants, Mr. Wiafe is currently developing the land, thereby creating tension in the area.
As a result, the Lands Commission yesterday dispatched officers to erect a signpost to indicate that the land belongs to government but they were chased out by the developer.
The state land, which has been encroached upon, was acquired under Certificate Title dated 07/10/1959 for government farms.
DAILY GUIDE’s investigations showed that after the business woman obtained 880 trips of laterite soil to fill up the land, which was swampy, a tussle ensued between her and Mr. Wiafe.
While the businesswoman cited Nii Akotey IV, Dzaasetse and acting Bortianor Mantse as granting her the land in 2008, the businessman also insisted that he acquired the land from the same Dzaasetse who claimed to be the lawful representative of Nii Kwei Arku IV family of Bortianor in 1994 and a new regularized lease in 2008.
Owing to the argument, the workmen of the parties clashed in September 2014 which resulted in serious injuries, and it’s beginning to rear its ugly head again.
The businesswoman filed a suit against the businessman at the high court seeking declaration among other things that “the defendant’s conduct and constructional activities amounted to trespass.
The defendant also prayed the court to declare that the said land was his property and that the plaintiff was trespassing.
Null & Void
In his judgement, Justice Amo Yartey held that neither the said Dzaasetse Nii Akotey IV nor Bortianor Stool has interest in the subject matter to grant the land to the parties in the case, adding “I accordingly hold that the grant made to the parties by the said stool was therefore null and void and of no legal effect.”
The judge held that “there is no evidence before me that the state has granted the subject matter to any of the parties.”
“In the circumstance I hold that both plaintiff and defendant have no interest in the subject matter for them to be clothed with the requisite capacity to institute the present action against each other seeking the court’s protection of the said interest.
“To claim to be bona fide purchaser is to claim to have made the purchase in good faith. What amounts to good faith in the acquisition of land has often been discussed by the courts in cases where the issue as to whether a party is entitled to the protection of the land development (Protection of Purchasers) Act, 1960, (Act 2), has arisen for consideration.”
<<Print>>