Police CID boss cited for contempt of court
According to the affidavit in support of the contempt summons, the CID boss together with one officer at the Property Fraud Unit are allegedly meddling in the about 24 years Adjiriganor and Borteyman land dispute between Top Kings and the owners of the Trassaco Valley.
The new boss of the police Criminal Investigations Department(CID), DCOP Faustina Agyeiwaa Kodua Andoh-Kwofie has been cited for contempt by the CEO of real Estate Firm, Top Kings Enterprise, Kingsley Owusu-Achau.
According to the affidavit supporting the contempt summons, the CID boss and one officer at the Property Fraud Unit are allegedly meddling in the about 24 years Adjiriganor and Borteyman land dispute between Top Kings and the owners of the Trassaco Valley.
Filed on January 19 and expected to be moved on January 31, 2023, at the High Court, the applicant, Owusu-Achau avers that contrary to the fact that the Supreme Court has settled this dispute, the respondents have been arresting its officers any time they go on the land.
The applicant adds that together with the Nungua stool, they were invited by the CID to investigate a complaint of trespass and double sale of land lodged by Empire Builders Ltd but on each occasion, have made it clear that the claims against them have been dismissed by the court and provided copies to that effect.
Also, he reveals that he was invited by the CID for another meeting with the C.E.O of Empire Builders Ltd on the 23rd of December 2022 but refused to attend because Top Kings does not intend to compromise after 24 years of litigation that has ended in its favor.
The above notwithstanding, Mr. Owusu-Achau notes that the police insist that his company, Top Kings will not be allowed to develop the land until a compromise is reached with Empire Builders Ltd.
He is thus seeking the respondents to purge themselves of contempt since their ‘conduct is bringing the administration of justice into disrepute by seeking to enforce a claim the courts have declined and dismissed repeatedly.”
Background
According to the affidavit, Top Kings commenced real estate development on land it had acquired from the Nungua stool at Adjiriganor/Borteyman Sometime in 1998.
Empire Builders Limited instituted action against Top Kings at the High Court in suit No. L49/99 entitled Empire Builders Limited vs. Top Kings Enterprise Limited. and secured an order of Interim Injunction to restrain Top Kings from developing the land.
The case traveled to the Supreme Court for 22 years with all the courts dismissing Empire Builders Limited's claims to the land.
After winning the case per the Supreme Court judgment on December 16, 2020, Top Kings decided to return to its land to develop the same.
It notes that Empire Builders Limited subsequently engaged the Ghana Police, National Security personnel, and even the Ghana Armed Forces to prevent and frustrate them on the land alleging that the land Top Kings has entered did not form part of the land the parties litigated over for 22 years ending at the Supreme Court.
Following this, Empire Builders Ltd commenced new action at the High Courts in Accra and Adenta in 2021 to stop Top Kings and its assigns from developing the land arguing that it was not covered by the Supreme Court judgment.
They note that both cases at the Accra and Adenta High Courts were dismissed basically because they constitute an abuse of the court process because of the Supreme Court judgment including a further appeal by Empire Builders Ltd to the Court of Appeal.
