The Nii Dodoo Clottey Family of Pokuase has been ordered by the Accra High Court to receive the underdeveloped areas of the 200-acre property that houses the ACP Estates in Pokuase from ACP Estate Limited (ACPEL).
It came after the court determined that the business had broken its agreement with the family on the development of a 600-acre plot of property.
The court additionally ordered the real estate corporation to pay the family GH200,000 in damages and expenses for the contract violation in a judgment handed down on March 10 of this year.
The 600 acres were to have access to roads, sewers, power, and water throughout, according to a joint venture agreement (JVA) that ACPEL and the family signed on October 22, 1991. The signing was presided over by Judge Kwame Gyamfi Osei.
The 200 acres that the family surrendered to the firm as part of the agreement were all undeveloped properties; consequently, the court decided that the JVA was unenforceable and, as a result, abrogated it. All of the undeveloped lands on the 200 acres were returned to the family.
Possession
Nevertheless, the court declined to accept the Nii Dodoo Clottey family's request for permission to seize all 200 acres of the ACP Estate, including the parcels that included 276 homes.
It was decided that since the corporation had already sold the 276 homes to outside buyers, returning them to the family would not be just, particularly as the homes' actual owners were not involved in the legal procedures.
I give the defendant family ownership of the whole undeveloped and vacant area shown on Exhibit CE4. To avoid any misunderstanding, all territories devoid of any residential structures would revert to the Nii Dodoo Clottey Family of Pokuase. Ordered by Judge Osei
Rent or compensation
The court additionally mandated that the ACPEL reimburse the family for GH9.5 million. The Millennium Development Authority (MiDA) included it in the compensation it gave for using a portion of the property.
According to the court's carefully studied opinion, the only advantage that flowed to the ACPEL under the JVA was the building of homes on the 200-acre property that was up for sale, not receiving compensation for any of the land that had not yet been built.
It questioned, "Why should a court of justice watch as the plaintiff, who has openly defrauded the defendant family, is forced to keep that compensation money, which said money may help the defendant family develop the abandoned 400 acres?"
Once more, the court mandated that ACPEL pay the family's rent on the developed land from November 2001 until the present.
It said that following a rent assessment by the administrator of Stool Lands, the rent would be determined based on the current bank and interest rates.
It issued the ruling after rejecting an ACPEL lawsuit and granting the Nii Dodoo Clottey Family's counterclaim.
John Jerry Asiedu and Ernest Agbesi Normenyoh are the attorneys that prevailed in court on behalf of the family.
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