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The Nungua Stool in the Greater Accra Region has directed all homeowners and residents of the Trassaco Valley estates and those on the Motorway extension and East Legon areas in the Ayawaso West Wuogon municipality to engage the Nungua stool over rent arrangement.
In a statement signed the Nungua Mantse, Oboade Notse Prof. Odaifio Welentsi lll, all affected homeowners were notified of the stool’s triumph against Empire Builders, developers of the estate.
“The Nungua Stool hereby informs all residents/homeowners of Trasaco Valley Eastes comprising thereof Phase l, Phase ll and Phase lll located and/or situate at Adjiringanor, Motorway Extension, East Legon – Acctra that the Supreme Court, i.e. the apex court of the land per its judgment dated 16 th December, 2020 in the case involving inter-alia Empire Builders, Ernesto GTaricpone, Topkings Enterprise and the Nungua Stool in the suiot titled @Civil Appeal No. J4/10/2019, 16 th December, 2020 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.
“in view of the above, the residents/homeowners are hereby requested forthwith to formally engage the Nungua Stool secretariat to atone tenancy or risk losing their respective properties to the Stool.
It added, “please take further notivce that there shall be no other form of notice howsoever described to you concerning the atonement of tenancy, rather, steps shall be instituted to recover the land should you fail to proceed as requested.”
In 2013, the Nungua Stool went to High Court court with the plaintiff in the case, the Nungua Mantse, seeking a declaration that thea consent to assignment dated June 20, 2011 purportedly executed by the Nungua Stool to Pamela Nkansah was a product of fraud and, therefore, null and void.
He also sought a declaration that both deeds of assignment dated January 5, 2011 from Pamela Nkansah to Fiore Trust and Taricone were fraudulent and, therefore, null and void.
The plaintiff furthermore prayed for an order directed at the Lands Commission to expunge from its records the consent assignment dated June 28, 2011 in favour of Pamela Nkansah.
Additionally, the plaintiff also sought an order for the Lands Commission to expunge from its records the assignment dated January 5, 2011 from Pamela Nkansah to Fiore Trust and Taricone, as well as an order for recovery of the land in dispute.
In his statement of claim, the Nungua Mantse, King Odeifio Welentsi III, said in August 2010, the President of the Republic of Ghana, acting through the Lands Commission, granted a 974.53-acre lease of land to the Nungua Stool.
It said the lease provided that the stool shall not part with possession assign or charge the land without the written consent of the Lands Commission.
It said the lease also provided that no mortgage assignment sub-lease or other dispositions of the land shall be of any legal effect and no such instrument or right, title or interest derived shall be registered by the Lands Commission, except certified by a scheme manager appointed by the Nungua Stool.
The statement said the plaintiff had not executed any application for consent to assign in favour of Pamela Nkansah, nor had he authorised the scheme manager to certify any assignment for the defendant.
It said, however, that a search conducted at the registry of the Lands Commission in June 2012 revealed that certain portions of the land in dispute had been registered in the name of Pamela Nkansah, Fiore Trust and Taricone by the Lands Commission.
It contended that the consent to assign dated June 28, 2011 in favour of Pamela Nkansah and the deeds of assignment dated January 5, 2011 in favour of Fiore Trust and Taricone were all a product of fraud and or forgery.