Century Construction Co. Ltd. Has cautioned prospective land buyers to be cautious when dealing with individuals or companies in buying lands in Kasoa and Nyanyano in the Central Region.
According to the Company, there is a pending Judgement from the Court of Appeal which gives it and seven other companies rights over the land in contention.
Tendering in an Appeal Court Judgement, Civil Appeal NO: J4/5/2014, delivered on March 9, 2016, Century Construction Co. Ltd (Defendants/Respondent,) Obaa Ahema Enterprise, (Respondents), Adom Spinning Co. Ltd, and five others (all Respondents) on 7th April 2005 filed an appeal against a High Court ruling between them and John Kwadwo Bobie (Plaintiff/Applicant/Appellant).
Defendants/respondents/respondents referred to as Defendants filed a motion on Notice for Judicial Review in the form of mandamus against the Central Reginal Lands Officer in the High Court, Cape Coast praying for an order compelling the Regional Lands officer to register a number of land instruments in the name of the defendants.
The instruments are in respect of land at Kasoa and Nyanyano in the Central Region.
However, before the Judge could determine the application for mandamus the defendants and the Regional Lands Commission settled almost all the issues arising on the application and filed Terms of Settlement.
By that the Regional Lands officer agreed to accept and plot the defendants’ documents provided consent by any directives that the court would give in respect of the refusal of the defendants’ grantors to give consent.
The case travelled from the High Court to the Court of Appeal where the trial Judges, Justices Dotse, Anin Yeboah, Gbadegbe, Akoto Bamfo (Mrs) and Pwamang ruled that as far as the appeal is concerned, their judgement is that “the High Court was not competent to determine the grounds that the allegation of fraud on which Plaintiff prayed it to declare the Order of 30th July, 2008 null and void.”
The Judges also stated that the circumstances in the cases of Ex-parte Orgle Estate Ltd and in Re Ashalley Botwe Lands are different from the case before it as the trial courts in those cases were competent to hear the claims filed before them.
“Plaintiff’s claims apart from the fraud placed before the High Court in this case were misconceived and ought not to have been entertained by the trial court. We accordingly dismiss ground 8 of the appeal.”
See full Judgement below: Click on the Link below