Don't interfere with Topkings Trasaaco lands - Supreme Court orders estate developer

Owners of Real Estate Developers Empire Builders limited have refused to comply with Judgement of the Supreme Court asking them not to interfere with portions of Trasaaco lands properly acquired by Topkings Enterprise Limited.

After 22 years of legal tussle which started from the High Court, through to the Court of Appeal and to the Supreme Court, where the apex court affirmed the decisions of the lower courts.

However, almost a year after the five member panel of the Supreme Court chaired by Justice Paul Baffoe-Bonnie ruled in favour of Topkings, the applicant (Empire Builders Limited) has failed to comply with the orders of the apex court.

Supreme Court's decision

On December 16, 2020, the panel of the apex court which also include Justice Yaw Appau, Justice Gabriel Pwamang, Justice Amadu Tqnko and Justice Yoni Kulendi unanimously ruled that, upon their review of the entire records of appeal and having considered submissions from both parties, the panel is not persuaded that the findings and conclusion reached by the Court of Appeal on December 18, 2014 warrant any interference by the Supreme Court.

"On the contrary, we are in agreement with the findings, reasons and conclusion arrived at by the Court of Appeal" the apex court Judgement noted.

"We are of the view that, both the lower courts (High Court and Court of Appeal) correctly applied the principles of evaluating the evidence and attached the correct probative value to the evidence adduced in relation to the party who carried the statutory burden of proof," Justice Baffoe-Bonnie's panel noted.

In conclusion, the appex court said, "we find that there is no sufficient basis in law for any appellate 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.

"Save the variation made with respect to the order of the court of Appeal which reduced the term of Plaintiff's lease, we affirm the said judgement, and hereby dismissed the appeal," the apex court ruled.

The court also said the land registration certificate in "his possession is cancelled", hence the plaintiff does not own any land in that stretch.

Attack on Topkings workers

It has emerged that, officials of Empire Builders have acted in defiance to the court orders and have since the judgement allegedly assaulted and abuse workmen of Topkings.

What is baffling is that, the plaintiff has lost all the cases in court, they have appeared to have taken the law into the owner hands and also disobeyed the apex court of the land.

Subject matter

By a writ of Summons in 1999, Empire Builders Ltd sued Topkings Enterprise Ltd with Nii Bortrabi Obroni II, Numo Borketey Larweh Tsuru and Reit-Top Housing Estate Ltd as co-defendants.

The plaintiff was seeking a declaration of titie of a piece or parcel of land being and situate at Adjiringano-North Accra-Tema Motorway Accra of an approximate area of 465.25 acres the full description of which land is provided in the accompanying statement of claim.

The plaintiff was also seeking for general damages for trespass and a perpetual injunction restraining the defendant (Topkings) either by itself, assigns, privies and or workmen from interfering with the quiet enjoyment of the plaintiff's land.

The plaintiff also sought for an order that Land Certificate no.TD0042 and recorded in the Land Register Volume 019 Folio 28 issued in the name of defendant company be brought forward and the same set aside/nullified and expunged from the Land Register on grounds of fraud, misrepresentation and or mistake.

The plaintiff sought for cost but in an alternative, the plaintiff want the court to order that the plaintiff is entitled to possession of the said land.

An order for recovery of possession of all that part of the said land trespassed upon by the defendants.

June 11, 2002 High Court's Judgement

On June 11, 2003 Justice S A Brobbey, Justice of the Supreme Court while deliverying his judgement said, from the results of searches on the land forming the subject matter of the joint venture, that joint venture could properly be described as bona fide purchaser for value without notice.

The court said, when the court moved to the locus the n quo, substantial portions of the plots for the joint venture were being developed.

...."An order of perpetual injunction is hereby made against the plaintiff, it's workers and agents from interfering with the use and enjoyment of the 39.59 acres by the fourth co-defendant."

Court of Appeal decision

Not satisfied with the High Court's decision, the plaintiff went to the Court of Appeal.

A three member panel of the Court of Appeal presided over by Justice Henrietta Abban, Justice Acquaye and Justice Gertrude Tirkornoo affirmed the decision of the High Court.

The panel held that, from the evidence on records, the plaintiff later got to know that the land he occupied belonged to the Nungua Stool and not the Teshie Stool. That is why after his titie was challenged by the defendants he approached the Nungua Stool to sign the memorandum of understanding to regularize his occupation of the land.

The court said, the evidence on records clearly established that, when the plaintiff sought to regularise his grant with Nungua Stool, that stool had already leased the disputes land to Topkings.

The grounds of the appeal the court said failed and they were dismissed as without merit.

I almost broke down

Mr Kingsley Owusu Achiaw, the Executive Director of Topkings said he also broke down in the over 20 years litigation in court.

"I almost breakdown in tears when I remember Tycony telling me after one of our court sittings 22 years ago that, Kingsley, you think you have a good case? You better sit up. It will take you about eight years to win the case at the High Court. Another eight to nine years to win the case at the Court of Appeal and I will go to the Supreme Court for a review so it will take you minimum 29 years to enjoy this land. He took advantage of the judicial system, even though he knew the land did not belong to him. This is a guy who could go to my bankers and warned them that of they should not give me any loan to support my business. I will not be able to pay because whatever I put up, whatever buildings or structures I build, he will demolished everything, so the next day the bank will call you and say, we are sorry we are no longer interested in the deal.

I was ready to surrounder 88 plots of my land to have peace

Mr Achiaw recounded further that, "at a certain point, I even decided that he should take 22 acres of my land which was very close to his land, so that, I could have my peace. I was ready to surrounder over 88 plots to him just to have my peace because I couldn't imagine how I could go through this litigation against the almighty and powerful and rich Tyrocony, so he refused."

To this end, he realised that, "it was not the land that he was after, but just to kill competition. Just to take me out of business, so that he could enjoy monopoly at the Trasaaco area.

"By then, I have gotten some investors from Canada who were putting in so much money for the real estate business and I got HFC Bank as a partner and you can imagine that all what we put up, came to nothing because of this 22 years old litigation," he bemoaned.