By Joseph Nana Yaw Cobbina
The Odai Ntow Family has come forward to accuse the Swaniker Family of making baseless claims regarding a recent land dispute, where the Odai Ntow Family presented evidence that seemingly contradicts the Swaniker Family’s assertions.
According to Odai Ntow Family, the crux of the matter revolves around a Court of Appeal decision dated July 13, 2023, in suit No. H1/31/2023 titled “The Church of Theatricals Domain, Kate Swaniker v. Solomon Tettey, Land Commission, Nii Odai Ntow Family.” The court ruled that the plaintiff, Kate Swaniker, lacked the legal capacity to commence the suit in the High Court.
He reiterate that the Swaniker Family, claiming their land rights from the Nuumo Nmashie Family in Teshie, has been facing significant opposition from the Odai Ntow Family.
According to the Odai Ntow Family, the Odai Ntow Family pointed out that a recent Supreme Court judgment from March 23, 2023, in the case of “Boi Stool and Thirteen (13) others v. Daniel Addo Quaye, Benjamin Tetteh Addo & Nuumo Nmashie Family,” concluded that the Nuumo Nmashie Family did not hold ownership over the disputed land. In fact, the Supreme Court judgment established that the Ashongman lands were rightfully owned by the Nii Odai Ntow Family.
Speaking in an interview with the legal officer for the Odai Ntow Family, Seth Asante Wiafe highlighted that it was perplexing for the Swaniker Family to base their claims on the Nuumo Nmashie Family, given that the same Nuumo Nmashie Family’s claim to the land had been invalidated by the Supreme Court. This, according to the Odai Ntow Family, casts doubt on the Swaniker Family’s alleged root of title to the land in question.
Seth Asante Wiafe, who is also the legal officer to the Nii Odai Ntow Family Customary Land Secretariat posed a poignant question to the gathered press, questioning the validity of the Swaniker Family’s claim: “Where is Swaniker Family’s root of title to the land they claim they own?” The Odai Ntow Family’s allegations raise doubts about the legitimacy of the Swaniker Family’s assertions and put their claims into a contentious light.
As the legal battle continues to unfold, it remains to be seen how both families will address these accusations and navigate the complex web of land ownership in Ashongman and Kwabenya. The public awaits further developments as the truth behind these conflicting claims comes to light.
Meanwhile the presiding judge at the High Court His Lordship Justice Emmanuel Amo Yartey granted the 4th defendants Family they were in effective possession of their land without any challenge from any one after its acquisition until 1904 when a dispute arose over same.
On the 3rd day of May 1904, the Supreme Court of Gold Coast delivered its judgement in that case, titled Kwasi Bosompim & Anor v Martei & Ors and entered judgment for 4th defendant Family.
This clearly goes to show that the 4th defendant’s total land area is covered by the 1904 which he accordingly hold same as such.
Furthermore this means that the 4th defendant’s Family land falls within the boundaries stated in the said judgment and cannot therefore go beyond those boundaries.
The superimposition of the 1904 judgment will clearly indicate the common boundary between the plaintiff and the 4th defendant’s Family lands.
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