Some families from Nungua have filed a suit against Sino Africa Development Co. Ltd., a sister company of Zoomlion, for trespassing on their land situate at Borteyman in the Greater Accra Region.
The suit accuses the company of allegedly acquiring the land with documents which were fraudulently backdated in order to unlawfully dispossess the rightful owners – the Nungua Development Fund, which is holding it in trust for the people of Nungua.
Court documents contend that the plaintiffs have made several demands on Sino Africa Development Co. Ltd. to vacate the disputed land to no avail, and by their conducts, the company has manifested a clear and unequivocal intention to dispossess the people of Nungua, including the plaintiffs, of their beneficial interest in the disputed land unless stopped by the court.
The plaintiffs include Lumor Bortey Badu Ledientse, Stool Father of the Royal Borteywe Clan of Nungua; Robert Bortey Abam, Chairman of the Royal Borteywe Clan; Nii Laryea Afotey Sueye, Nungua Royal Youth Leader and Daniel Otu Laryea.
The defendants, on the other hand, are Prof. Noble Odaifio Wulentsi, popularly known as the Paramount Chief of Nungua; the Nungua Development Fund and Sino Africa Development Co. Ltd.
Statement of Claim
The statement of claim avers that by lease dated August 12, 2010, executed between the state and the Nungua Stool, the Nungua Stool was granted a 99-year lease of a portion of the compulsorily acquired land measuring 974.53 acres and more of land with effect from April 16, 2009.
It indicates that the land in question forms part of the land leased and or returned by the state to the Nungua Stool.
It states that prior to the execution of the lease, it was expressly agreed upon by the parties that an independent corporate entity by name Nungua Development Trust shall be established to take control, hold, manage, alienate and/or deal with the said land for the benefit of the people of Nungua, including the plaintiffs herein.
The Nungua Development Trust was subsequently established on April 4, 2009 with Numo Borketey Laweh Tsuru, Gborbu Wulomo – Shitse (Deceased), Nii Sam Borlabi Prempeh (acting Nungua Mankralo) and Owuobah Adotey (Akwashongtse) as joint settlors.
The suit avers that the Trust Deed assigned, convey and set over to the Trust all lands, assets, monies, rents and royalties due, accruing to or payable to the Nungua Stool to hold in trust and administer same for the benefit of the people of Nungua in accordance with the terms, conditions and covenants of the Trust Deed.
The Nungua Development Trust then entered into possession of the land immediately after the assignment by planting corner pillars on the boundaries and also registered its interest in the land at the Lands Commission without any objection by anyone.
However, sometime 2014, Sino Africa Development Co. Ltd. entered unto the disputed land and started erecting a fence wall on it.
Being alarmed by the development being carried out on the land earmarked for the benefit of the people of Nungua, including the plaintiffs, the plaintiffs challenged the company and demanded it to vacate the said land, but it refused to heed to the plaintiffs’ demands and further claimed ownership of the land by virtue of a purported grant of same to it by Prof. Noble Odaifio Wulentsi and the late Gborbu Wulomo.
The plaintiff therefore, caused a search to be conducted at the Lands Commission and the search report disclosed that Prof. Noble Odaifio Wulentsi and the late Gborbu Wulomo indeed purported to alienate a portion of the land to the company by a purported sub-lease fraudulently backdated to August 16, 2010.
Particulars of Fraud
The suit avers that the Nungua Development Trust’s name appears in the records of the Lands Commission first in time as proprietor of the disputed land by virtue of a deed of assignment from the Nungua Stool to the Nungua Development Trust dated October 4, 2010, while the name of Sino Africa Development Co. Ltd. appeared second in time as proprietors of the disputed land on August 16, 2010.
It avers that the Nungua Development Trust was the registered proprietor of the disputed land before Sino Africa Development Co. Ltd. submitted its “documents clearly backdated to 16/8/2010 concerning the same disputed land for registration and/or plotting at the Lands Commission.”
It states that Sino Africa Development Co. Ltd. did not acquire the disputed land from the Nungua Development Trust, being the registered proprietor of the land, and yet it caused its name to be plotted in the records of the Lands Commission as proprietor of the disputed land.
The suit further avers that the company has constructed an office building with a fence along the northern boundary of the disputed land even though it knows that it did not acquire the said land from the Nungua Development Trust, the proprietor of the said land.
Reliefs
The plaintiffs therefore, want the court to declare that Sino Africa Development Co. Ltd. has no proprietary interest in the disputed land and, has therefore, trespassed onto the disputed land.
They also want the court to declare that Prof. Noble Odaifio Wulentsi and the late Gborbu Wulomo acted fraudulently when they purported to have transferred portions of the land to Sino Africa Development Co. Ltd., and an order directed at the company to remove any unwanted structures it has erected on the disputed land.
Again, the plaintiffs want an order directed at the Lands Commission to expunge from its records the registration of Sino Africa Development Co. Ltd’s name as proprietor of the disputed land or any portion of it.
They also want damages for trespass as well as recovery of the disputed land.
A Daily Guide Report