The regent of Okponglo and lawful representative of the Nii Odoi Atsem Family of La and Okponglo, Nii Sowah Ako-Odoi together with the lawful representative of the Nii Ako Toboase family, Nii Mensah Nyekpe-Enehu have filed a writ at the High Court against the La Traditional Council and one Joseph Mensah Ashong Petterson over the Toboase family land.
The Writ indicated that the Defendants (La Traditional Council and one Joseph Mensah Ashong Petterson) are nonmembers of the Nii Ako Toboase family of La and Okponglo are harassing and making radio publications against the grantees of Plaintiffs family.
In their Statement of Claim dated August 19, 2020, the Plaintiffs noted that their family is the owner of Old Okponglo (Toboase) and New Okponglo including Shashie, Abotsiman among other villages and that their ancestors by name Ako Toboase who was a subject of the La Stool acquired the Toboase (Old Okponglo) land by farming, hunting and settlement.
According to the Plaintiffs, somewhere in 1944, the colonial government acquired vast portions of the family land for Airport Extension purposes with a Certificate of Title No. 56 published in the Gold Coast Gazette on August 19, 19444 to that effect.
Nii Sowah Ako-Odoi and Nii Mensah Nyekpe-Enehu in the Statement of Claim also averred that government of Ghana under the Supreme Military Council, re-zoned a large track of the acquired land for the Airport Extension project for residential purposes under the East Legon Residential Scheme.
“Upon a petition from the La Stool the government of Ghana in a letter dated 23rd day of February, 1977 permitted the subjects of a Stool including the Plaintiffs’ family to remain on the acquired land and subject to certain conditions and have since been in possession of portions of the acquired land with their villages including the land in dispute,” they indicated.
According to them, a High Court ruling in Suit No FAL/194/09 declared the Plaintiffs family and the La Stool as the original pre-acquisition owners of the acquired land.
However, the Lands Commission, dissatisfied with the said judgement appealed against the ruling at the Court of Appeal where the Court of Appeal on November 28, 2019 dismissed the Lands Commission’s appeal and endorsed the Toboase family and the La Stool as owners in possession of the land and also entitled to all undeveloped portions of the acquired land.
Also, attempt to quashed the Judgement of the Appeals Court at the Supreme Court was also denied on March 10, 2020.
Meanwhile, the Defendants according to the Plaintiffs, have entered onto portions of the land and laid claim to it.
The Plaintiffs also noted that the Defendants have been harassing and making radio publications against the grantees of the Plaintiffs family and that the trespass activities of the Defendants on the land have caused and continue to cause a lot of hardships and injuries to the Plaintiffs family.
According to the Plaintiffs, until the Court intervenes, the Defendants would not seize their activities and trespass on the land.
They have prayed the Court to grant a Perpetual Injunction to restrain the Defendants and their agents, workmen, assigns, servants and independent contractors from interfering in the land.
Meanwhile, the Defendants have been given eight days to enter appearance.
