The Managing Director of Brainsfield Company limited, Winfred Kuma Apawu has said the company is playing a significant role in protecting all lands and properties belonging to Nii Dodoo Clottey Family of Pokuase.
In a statement, the MD said years ago some legally acquired properties by the family were illegally taken over by companies, groups and individuals until he decided to take legal action to reclaim all the properties.
It will recalled that in March 2023 through the efforts of the management of Brainsfield Company Limited, an Accra High Court ordered ACP Estate Limited (ACPEL) which illegally took properties belonging to the family to return undeveloped portions of a 200-acre land that contains the ACP Estates at Pokuase to the Nii Dodoo Clottey Family.
That was after the court had found ACPEL to have breached a contract with the family with regard to the development of a 600-acre land.
In a judgement delivered, the court further ordered the real estate company to pay damages and costs of GH¢200,000 to the family for the breach of the contract.
The court, presided over by Justice Kwame Gyamfi Osei, held that ACPEL failed to honour its obligations under a joint venture agreement (JVA) it signed with the family on October 22, 1991 to provide the entire 600-acres with access roads, drains, electricity and water.
In view of the ACPEL having breached its obligations under the agreement, the court held that the JVA was unenforceable and, therefore, abrogated, with all the undeveloped lands on the 200 acres which the family gave to the company as part of the agreement reverting to the family.
“I grant the defendant family possession of all the undeveloped and empty spaces delineated on Exhibit CE4. For the avoidance of doubt, all areas not containing any residential building shall revert to the Nii Dodoo Clottey Family of Pokuase,” Justice Osei ordered.
The court further ordered the ACPEL to refund GH¢9.5 million to the family. It was part of compensation paid by the Millennium Development Authority (MiDA) for usage of part of the land.
It was the considered view of the court that the only benefit that accrued to the ACPEL under the JVA was the construction of houses on the 200-acre land for sale, not claiming compensation on undeveloped portions of the land.
Why should a court of justice look on for the plaintiff, who has blatantly cheated the defendant family, be made to keep that compensation money, which said money could help the defendant family develop the abandoned 400 acres?” it quizzed.
Again, the court ordered the ACPEL to pay to the family rent from November 2001 to date on the land it had developed.
The rent, it said, would be based on the prevailing bank and interest rates, after a rent assessment by the Administrator of Stool Lands.
It gave the judgement after it had dismissed a suit filed by the ACPEL and upheld a counter-claim filed by the Nii Dodoo Clottey Family.
Per court documents, the Nii Dodoo Clottey Family of Pokuase decided to turn their 600-acre land into an integrated modern residential town.
Delivering the judgement, Justice Osei held that although the ACPEL had focused on the 200-acre land and the lease covering that particular piece of land, the entire case was essentially about the JVA because the lease was born out of that agreement.
It was the considered opinion of the court that evidence on record clearly showed that the ACPEL did not construct any access road and drainage nor provide water or electricity on any part of the 400 acres which were under the control of the family.
According to the court, the evidence showed that the company only provided such amenities on the 200 acres which were under its control, a clear violation of the JVA.
It said apart from the evidence adduced in the courtroom, the court also went on a site visit to the land, and it was realised that the real estate company had failed to construct the access roads, drainage and other amenities on the 400 acres.
“The evidence placed it beyond doubt that the plaintiff (ACPEL) has not constructed a foot of road within the 400-acre land for the past 32 years. It has not constructed an inch of drain, not provided electricity and water within the 400 acres,” Justice Osei held.
Based on the company’s failure to fulfil its obligations under the JVA, the court abrogated the contract and reverted the undeveloped portions of the 200 acres to the Nii Dodoo Clottey Family and further gave the other consequential orders.
About Brainsfield Limited;
Brainsfield Limited is a full service real estate brokerage and consulting firm representing sellers, buyers, developers, and renters of up market properties in the Ghanaian market.
As a creative agency, we first ensure that we have a good grip on your requirements and identify the appropriate targets before we hit the market on your behalf. Also offering design, marketing and sales solutions, we use our internationally trained team of property analysts, tech gurus and marketing strategists to provide unparalleled service to every client.
Brainsfield Limited extends beyond what your typical real estate company in Ghana offers. We live by our slogan “improving lives one property at a time”, and we are committed to informing and connecting global communities to the Real Estate market in Ghana.
