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The Heads of the Adutso family of Osu in the Greater Accra Region have expressed disgust at some residents of Abokobi in the Ga East Municipality who have alleged that the family had carried out an unlawful demolishing of their properties on their land.

The family at a press conference indicated that it has not demolished any building property on their land in that exercise.

It would be recalled that some residents of Adansi on Saturday 9th March, 2019, embarked on a demonstration claiming that their properties have been demolished and taking over by land guards.

The residents claimed Madam Vivian Arko Brown, who is a member of the Adutso family has, in connivance with one Ibrahim Jajah are spearheading the land guard attacks on them.

 However, the family said there has not been any land guard attacks on the land since the Supreme Court ruled in the matter that involved the ownership of the land.

“We want to state here that, the Supreme Court on 29TH June 2016 restrained the Odartey Sro family from dealing or interfering with family lands belonging to the Adutso family.”

 They mentioned that ahead of that ruling, there used to be confrontations on the land since two factions emerged, claiming ownership over the same land, a situation that called for legal battle for the determination of the rightful owners of the land.

The Adutso family heads said, the Supreme Court unanimously affirmed the Court of Appeal judgement, which was also given on 29TH June 2016 that the Adutso family members, who initiated the whole action are the ‘beneficial’ and ‘lawful’ owners of the disputed land situated at Abokobi. 

The case, they explained was commenced in May, 2006 in the High Court, Accra where the two parties claimed ownership of land near Abokobi in the names of their respective families.

They also revealed that the land in question contains approximately 569 acres and was acquired through settlement in 1854 by our ancestors, Ayi Blaflatsi who established a village on the land which was named “Krobiwoho” and the Adutso Family of Osu, exercised rights of ownership over the land from that time to the time of the litigation.

During that trial, the Defendant, Lanquaye said his family land, which is about 593 acres, was first settled upon by his ancestor called Nii Odartey Sro over 200 years ago and that he established a village on the land and named it Adansi. He too said his family exercised rights of ownership on the land for over 200 years.

Meanwhile, after a full trial, the High Court, in a judgment dated 4 December, 2010, held that the plaintiff failed to lead evidence to positively identify the land she claimed and that her star witness was not credible.

The court then dismissed the case of the plaintiff and granted the counterclaim of the defendant whilst the judge promised to give full reason for his decision but he never did.

They said the plaintiff, Aku-Brown who led the Adutso family appealed against the judgment to the Court of Appeal and in its judgment, the Court of Appeal allowed the appeal, entered judgment for the plaintiff and dismissed the counterclaim of the defendant.

Being dissatisfied with the decision of the Court of Appeal, defendant has appealed to this court as the final appellate court.

According to the Supreme Court ruling which was published in the Ghana Law Report, Aku-Brown v Lanquaye (J4/4/2016)[2016] GHASC 64 (29 June 2016), the Statutory Declaration made by the defendant’s family, which is the Odartey Sro family, covering our land and registered as No. 3303/74 was wrongful, null and void and of no effect. 

The Court also indicated in that ruling that the Adutso family are entitled to recover possession of the disputed land from the Odartey Sro family, and ordered the Lands Commission and Land Title Registry to expunge the plotting and registration of Plaintiff’s family land, which was the subject matter of the litigation in the name of Odartey Sro family of Osu from its records.

 They said the Adutso families through their legal representatives drew the attention of the public to the contents of the said judgment and appealed to them to respect the content therein. 

“We have also served notices to all residents to call on the family for regularization of their documents, especially those who have acquired their properties from the wrong persons. This call however fell on deaf ears because only few of the residents did so”.

According to them the Adutso family has given ample time for residents who dealt with the wrong persons to correct the wrongs by contacting the Adutso family; and hence went in and demolished some walls on the land.

“This generated anger among those residents who are now claiming their properties are wrongfully demolished and taking by land guards. It is in order that we all respect the Supreme Court judgment over the land. The Supreme Court is the highest arbiter and whatever decision it gives is final. We do not understand why these residents who are privy to the Supreme Court ruling would seat aloft and allow the unfortunate to happen.”

They stressed that the Adutso family did not demolished properties illegally neither do they employ the services of land guards on their land.

“We are still calling on the general public that our doors are opened for whoever wants to acquire any of the lads to engage us. Those who have already acquired lands from the wrong hands must also approach the Adutso family for proper regularization of their documents to avoid any future demolition of their properties,” they said.