Protracted Kwabenya land dispute finally settled

The Survey and Mapping Division of the Lands Commission have successfully established the true boundaries of the Odai Ntow Family Lands, as ordered by the Accra High Court 7 (Land Division).

This landmark judgment has finally settled the dispute over the true boundaries of the Nii Odai Ntow family land at Kwabenya, a suburb of Accra.

In the case, the Nii Odai Ntow family, who were defendants, were also allegedly ordered not to go beyond their boundaries once the common boundary for both parties had been determined by surveyors.

The court’s decision followed a judgment on March 9, 2022, by His Lordship Justice Amo Yartey in Suit No. L/254/1999 between Offei Kwaku Mante (substituted by Rev. Alexander Aryeequaye, substituted by Nii Amu Mante) as the plaintiff and Mike Similao, S.K Botchway, Kofi Botchway, Nii Aryee Annang (substituted by Evans O. Anteh) as the defendants. The Plaintiff’s claims were denied, while the counterclaim by the defendants was granted.

To restore peace to the area, the Court directed the Survey and Mapping Division of the Lands Commission to assist the parties in establishing their common boundary.

Excerpts from the court’s order read, “IT IS HEREBY ORDERED that the Survey and Mapping Division of the Lands Commission reproduce Exhibit 2A (described as Bosumpim & Anor v Martei & Ors, 1904 Plan), which Judgment Plan was tendered by the 1st & 5th Defendants during the trial. IT IS FURTHER ORDERED that the Survey and Mapping Division assist the parties to set out their common boundary on the ground on the Southwestern part of the said 1904 Judgment Plan (Exhibit 2A) as the common boundary between the Plaintiff and 4th Defendant’s families.”

During a press conference on Thursday, July 27, at Kwabenya, Mr. Adu Mante Apenteng, the Secretary of the Nii Kofi Apenteng family, announced that the survey results have vindicated the plaintiffs’ position. He was accompanied by other elders and representatives of the Nii Ngleshi Addy family, Nii We family, Nii Dodoo Clottey family, Awura Naa Hansen family, and Nii Okaidja Onukpa family, who were all affected by the litigation.

Mr. Apenteng revealed that the portions of land claimed by the defendants are 4000 feet away from their own.

“The public is hereby notified that the true position of the Nii Odai Ntow family land has been made clear, and the Nii Odai Ntow family cannot lay claim to, grant, nor lease any land outside the 1904 judgment plan.”

He emphasized that the purported land belonging to the Nii Odai Ntow family is around the Ashongman enclave, not Kwabenya or Pokuase areas, clarifying that the defendants’ actions have trespassed onto others’ properties. He expressed relief that families who lost their properties due to the defendants’ actions can now find solace.

“In fact, the land of the 1st to 5th defendants is somewhere in Ashongman and nowhere near Kwabenya, Pokuase, Brekuso, or Katapor. Finally, all these families who have lost control of their right to enjoy their property bequeathed to them by their ancestors and spent so much time and money to reclaim their lands will now enjoy their lands in peace,” stated the Nii Kofi Apenteng family secretary.

He also commended the judiciary for their prompt resolution of the matter, acknowledging their exceptional work in resolving such land litigations in a timely manner.