The Chief Executive Bestlink Ventures Limited, a real estate company is holding the feet of the Regional Lands Officer and other officers of the Lands Commission in Accra to fire, for wrongfully issuing part of his land with Certificate No. TD 21159 Volume 020 Folio 2080, to the Nii Okpe Family.
Frank Kofi Lewi and his foreign partners who intend to use the affected land for a mini city project have, in leu of the error, fired a petition to the sector minister, Samuel Abu Jinapor, to urgently intervene and call his officers to order.
Read the petition below:
THE REGIONAL LANDS OFFICER
LANDS COMMISSION
ACCRA
ATTENTION: THE REGIONAL LANDS OFFICER
Dear Sir,
PETITION AGAINST THE REGISTRATION OF LAND IN FAVOUR OF NII OKPE FAMILY WITH CERTIFICATE NUMBER TD 21159 AND CANCELLATION OF THE SAME LAND CERTIFCATE.
We act as Solicitors for Bestlink Ventures Limited and make reference to our letter dated 7th June 2023 on the above subject matter.
Our client purchased a parcel or piece of land situate at East Oyibi measuring an approximate area of 176.187 acres from one Kwesi Ofosu Aduo (Deceased) of Accra.
My client lodged an application for Land Title with lodgment no. LRDTDR0059792015 in 2015. His application was published on the 31st January 2017 and has been in abeyance for five (5) years without any just cause.
My client has been duly informed per a letter from the Lands Registration Division dated the 5th day of June 2023 that his parcel of land is now affected by a Land Certificate for Nii Okpe Family with Certificate No. TD. 211159, Volume 020 and Foli 208.
It is our instructions to inform you that the whole parcel of about 176.187 acres is covered by a transaction at the Public and Vested Land Management Division per a search report which revealed that the grantor of our client had a lease dated the 26th day of May 1990 which was made between Nii Okanshan VI to Kwesi Ofosu Aduo who is my client’s grantor. The transaction was also plotted at the Public and Vested Lands Management Division which was executed Twenty-five (25) years before the said judgment was delivered.
It is absolutely clear that neither our client’s grantor nor itself was a party in the said case in which judgment was delivered on the 26th day of November 2015 in favour of Nii Ashitey Saasabi (Saasabi Mantse) in Suit No. AL 32/2006.
It was also an error to plot a Statutory Declaration dated 28th February, 1994 declared by Tei Tehfio, Amarh Annang Asah, Tettey Mensah and Tetteh Yankey to affect part of our client’s land since there was already a lease plotted on that polygon.
It seems to our client that because of these very errors the Lands Commission has wrongfully issued a Land Certificate No. TD 21159 Volume 020 Folio 2080 to Nii Okpe Family over a large portion of our client’s parcel of land and that Land Certificate should be cancelled.
My client lodged a Statutory Declaration declared on the 19th day of October 2016 with Job number LVDGAST279742016 in response to a Multiple Request for Survey and Preparation of Parcel Plan dated the 30th day of 2016.
In the Declaration my client declares that neither he nor his Grantor knows about Nii Okpe Family and that his interest through his grantor is duly plotted in the records of the Public and Vested Lands Management Division.
My client was copied in a letter by the then Regional Head of the Land Registration Division, Lawyer Paul Dzadey dated the 25th day of October, 2016 which clearly stated that my client is duly registered under Act 122 of the Land Registry Act and instructed the Survey and Mapping Division to delete the interest of Nii Okpe Family to the extent to which it adversely affects Bestlink Ventures Limited which is my client’s company. (Copy Attached)
We do not see how it is then possible for the same Nii Okpe Family with a deleted plotting at the Survey and Mapping Division can now have Land Certificate over our client’s parcel of land.
Article 23 of the 1992 Constitution states that;
“Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or tribunal”
Article 296 of the 1992 Constitution state that;
- “that discretionary power shall be deemed to imply a duty to be fair and candid;
- The exercise of the discretionary power shall not be arbitrary, capricious or biased either by resentment, prejudice or parcel dislike and shall be in accordance with due process of law; and
- Where the person or authority is not a judge or other judicial officer, there shall be published by constitutional instrument or statutory instrument, regulations that are not inconsistent with the provisions of this Constitution or that other law to govern the exercise of the discretionary power.”
In the circumstance, we request for an investigation to be conducted into my client’s application and that of Nii Okpe family and the Land Certificate issued to Nii Okpe Family with Certificate No. TD. 21159 Volume 020 Folio 2081 should be cancelled as it was an error from your outfit.
We count on your cooperation.
Yours Faithfully,
CC: BESTLINK VENTURES LIMITED
