Just30's Posts
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enjoy your time aint got that time to waste you can either educate yourself or remain as you are. Johnsghana: |
Of course Owei Kinka Dowouna is the King of Osu Your statement on the distancing was issued by a different king who is a sub king. Instead of twisting my quotes why dont you focus on making your lame argument of no facts and emotional statements Filled with your own lies and delusions Johnsghana: |
Caveat emptor is a Latin phrase which literally translates to “let the buyer beware”. The doctrine is actually part of a long phrase: Caveat emptor, quia ignorare non debuit quod jus alienum emit which stands for "Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party." This simply means, it is the buyer’s responsibility, not the seller’s, to find out if there is anything wrong or any defect with whatever they intend to purchase or buy. So, in purchasing or buying a parcel of land, the bounden duty or burden is on the purchaser or buyer to conduct reasonable due diligence about the land to be able to take the decision. Legal Position According to the Supreme Court, the apex court, in Brown V. Quashigah [2003 - 2004) SCGLR 930 at 954: “The principle of caveat emptor is still a postulate of our law. A prospective vendor or purchaser of land cannot shift onto the shoulders of the existing owner the burden of informing them of the encumberance, title or interest held in him. In many cases it will not even be enough to conduct a search in the Deeds Registry or the Land Title Registry”. This means that a prospective purchaser or buyer of land must take steps to conduct reasonable due diligence. Some of the areas the due diligence must cover include the following: a) Site visits – the prospective purchaser or buyer should visit the site alone to talk to neighbours about the ownership of the land, find out if there are disputes, and observe the physical nature of the land - whether the place is flood prone or earthquake zone, whether there is fence wall, construction ongoing or building materials on site etc; b) Conduct official search at Lands – It is imperative to conduct a search at the Deeds Registry or Land Title Registry to know if the land is registered and the true owners of the land; c) Engage a licensed Surveyor to pick the coordinates – it is recommended to engage a licensed Surveyor to cross check if indeed that site plan of the Vendor or Seller matches with the physical land at the site. d) Conduct a search at the Town and Country Planning - this will enable the prospective buyer or purchaser to determine the zoning plan in order to determine whether the intended purchase of the land is aligned with the zoning plan. e) Conduct a search at the Court’s Registry – it is also recommended to write to the Registry of the Court where the land is situate to check if there is any litigation in respect of the land; f) Buying a land from a married person – it is always recommended to talk to the other spouse of the seller on the purchase and make sure the other party is aware and willing to witness the transaction to avoid future dispute. Conclusion His Eminence Dr. Date-Bah JSC in the Brown Vrs. Quashigah case at page 966 cautioned that: “Purchasers of land, who ignore signs of possession by a party other than their vendor on the land, do so at their own risk are likely to come to grief” Consequently, it is instructive to note that prospective purchasers or buyers who fail to undertake reasonable due diligence before purchasing or buying land do so at their own peril. Johnsghana: |
ive asked you to read above The law is there You can visit the High court and purchase various court rulings on land issues I even posted a court [case number above to make your education easier https://www.myjoyonline.com/news/national/re-armed-men-storm-nigerian-high-commission-in-ghana-demolish-uncompleted-apartments/ TRESSPASSING ON THE PARCEL OF LAND BELONGING TO THE OSU STOOL The Paramount Chief of the Osu Traditional Area and the President of the Greater Accra Regional House of Chiefs, Nii Okwei Kinka Dowuona VI wishes to make known to the general public that all that piece of land in extent 0.046 hectares (approximately 1.14 acres) more or less being GLPIN GA48906150010 Block 1 Section 019 situate at West Ridge in the Greater Accra Region of the Republic of Ghana belonging to Osu Stool has been trespassed upon. The said parcel of land and the entire Osu Mantse layout is not State Land but is a part of Osu Paramount Stool land and as such, it is only the Stool that has the mandate to grant lease be it expired or otherwise As such the following should be noted: On 20th June, 2020 an article published by Joy Online claiming that armed men had demolished structure belonging to the Nigerian High Commission is wrong and has no justification. The said parcel of land is separate from that which is currently being occupied by the Nigerian High Commission It came to the attention of the Osu Stool that the original building on the parcel of land was demolished and, in its place, a new structure was being erected. Osu Stool was informed that the structure was being erected by a Nigerian business person with the aid of the Nigerian High Commission and was forcibly trying to take over the said parcel of land. The Osu Stool was also informed that the structure is planned entertainment complex to be used as an events center for commercial purposes and is not a block of flats as has been purported in the reportage. The Stool has a high level of respect for foreign missions and has therefore on several occasions verbally informed the unidentified trespasser of the ownership status of the land through the security personnel resident on the parcel of land. The Stool has subsequently sent messages inviting the trespasser for a discussion on the ownership of the land. There has till date been no response or acknowledgment in response to the stool’s invitation nor has the trespasser proceeded to submit any documentation of permission upon which it demolished the original structure on the land and proceeded to erect a new structure. The trespasser has openly and with impunity disrespected the paramount Chief of the Osu Traditional Area, Stool Lands Authority and the Traditional Council of Elders by its attendant behavior. Authorities including officials from the Lands Commission, the Cantonments Police and Police Headquarters have invited the trespassers to produce documentation for the parcel of land. The intention of the trespasser is to forcibly take over land under the cover of diplomatic mission from the stool land without redress and without the permission of the traditional authority and its council of elders. It is known by the Osu Stool that the trespasser till date does not hold it its possession any documentation on the parcel land. The Osu Stool remains the owner of the said parcel of land and wishes to notify the general public that all other intended users of the property must first seek the permission of the stool. The stool informs the general public that there has never been a purchase of any parcel of land from it by the foreign office of the Nigerian High Commission. The Lands Commission has confirmed that the High Commission did not purchase the parcel of land from them. This is the second attempt to forcibly take over land that belongs to Osu Stool by unknown persons acting under the political influence of the Nigerian High Commission. The Osu Stool therefore wishes to inform the General Public and all concerned that lands that fall within the entire Osu Mantse layout is not State Land but is a part of Osu Paramount Stool Lands. As such it is only the Stool that has the mandate to grant leases be it expired or otherwise. Forceful acquisition of these lands by trespassers who hide behind foreign offices and political influence should desist from doing so. We entreat the media to be extremely cautious in their reportage and not to relay any messages of this sort with no research evidence or support documentation, relating to the confirmation of ownership of Osu Stool Lands. Thank you. Nii Okwei Kinka Dowuona VI Johnsghana: |
Will you educate yourself and stop spewing nonsense. Condemning the act does not mean the act was wrong The court of public opinion and the court of laws are 2 different places. The wanton disregard for the laws of Ghana by the Nigerian High Commission is the reason why they are in this mess. I dont have to dislike Nigeria to state the position of the law. If you will use your common sense and read the law, you wont be acting ignorant here. And ignorance is not an excuse The US diplomats wife was in a diplomatic vehicle when the incident happened The land in question is Not the Nigerian High Commission and neither was it His residence. So the Vienna Convention does not even come in. You can only have the Vienna Convention cover when The Ghanaian Government designate the facility as diplomatic grounds. In this case, Ghana Government did not even know that Nigeria was expanding it Facility because they did not write to the government to ask for that permission. and that is a breach of the law. [b][/b] Johnsghana: |
I just posted the position of the law above you can have a read of the Supreme court ruling on a similar case. The case number is above. what back up do you need apart from the law? I've responded to the fact that it is not the leadership of Osu that spoke, it was a sub Chief. The leader of OSU is the president of the Accra Regional House of Chiefs and he made it know to everyone that He ordered the demolition. The Government of Ghana will not be able to use Taxpayers money to build that There will be 100s of court cases stoping the and injunctions. All because, there is no legal base on which they can stand to build it. Their own investigation shows that The Nigerian High Commission was in the wrong They breached all common decency laws governing the building environment. No land ownership document No building permit No approval from the Government of Ghana No Contract with the owners of the land No digging fee ![]() Civil society, and MPs will stop the government from using taxpayers money as it wont be legal. Johnsghana: |
He's new to the conversation Discretions are allowed ![]() jln115: |
They can go and look for that person for their money Always beware as a buyer The is the reason why investors look for local people to help them navigate the legal regime in countries the seek to invest in. They find people conversant with land administration matters before they buy lands. How can a whole High Commission go and pay someone who doesn't have a land to sell 2. Does not even know the land it claim to have bought and doesn't know the boundaries because there is no valid contract? Let me put it in plain lame mans language for you. You will be regarded as stupid in the face of the law if you go to a rice seller to go and make payment for a ca. All this your plenty useless argument does not wash. The Commission should know better You are the one struggling to defend your commission act of thievery. You've seen the facts and I've given you the laws governing everything which make the Nigerian High Commission looks stupid and all this noise you are making wont change those facts. Just follow the law as a Nigerian in Ghana and respect it and you wont have any problem with anyone. If you try to outsmart our legal regime, it will bite you in the balls babytoun: |
Have you realised that the chief speaking is a divisional Chief and not the Osu chief himself who is the head of Accra regional heads of Chief. Anyway, read this and learn Caveat emptor is a Latin phrase which literally translates to “let the buyer beware”. The doctrine is actually part of a long phrase: Caveat emptor, quia ignorare non debuit quod jus alienum emit which stands for "Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party." This simply means, it is the buyer’s responsibility, not the seller’s, to find out if there is anything wrong or any defect with whatever they intend to purchase or buy. So, in purchasing or buying a parcel of land, the bounden duty or burden is on the purchaser or buyer to conduct reasonable due diligence about the land to be able to take the decision. Legal Position According to the Supreme Court, the apex court, in Brown V. Quashigah [2003 - 2004) SCGLR 930 at 954: “The principle of caveat emptor is still a postulate of our law. A prospective vendor or purchaser of land cannot shift onto the shoulders of the existing owner the burden of informing them of the encumberance, title or interest held in him. In many cases it will not even be enough to conduct a search in the Deeds Registry or the Land Title Registry”. This means that a prospective purchaser or buyer of land must take steps to conduct reasonable due diligence. Some of the areas the due diligence must cover include the following: a) Site visits – the prospective purchaser or buyer should visit the site alone to talk to neighbours about the ownership of the land, find out if there are disputes, and observe the physical nature of the land - whether the place is flood prone or earthquake zone, whether there is fence wall, construction ongoing or building materials on site etc; b) Conduct official search at Lands – It is imperative to conduct a search at the Deeds Registry or Land Title Registry to know if the land is registered and the true owners of the land; c) Engage a licensed Surveyor to pick the coordinates – it is recommended to engage a licensed Surveyor to cross check if indeed that site plan of the Vendor or Seller matches with the physical land at the site. d) Conduct a search at the Town and Country Planning - this will enable the prospective buyer or purchaser to determine the zoning plan in order to determine whether the intended purchase of the land is aligned with the zoning plan. e) Conduct a search at the Court’s Registry – it is also recommended to write to the Registry of the Court where the land is situate to check if there is any litigation in respect of the land; f) Buying a land from a married person – it is always recommended to talk to the other spouse of the seller on the purchase and make sure the other party is aware and willing to witness the transaction to avoid future dispute. Conclusion His Eminence Dr. Date-Bah JSC in the Brown V. Quashigah case at page 966 cautioned that: “Purchasers of land, who ignore signs of possession by a party other than their vendor on the land, do so at their own risk are likely to come to grief” Consequently, it is instructive to note that prospective purchasers or buyers who fail to undertake reasonable due diligence before purchasing or buying land do so at their own peril. babytoun: |
everyone will soon learn the hard way vankelvin: |
an earthquake in this COVID period will be terrible Anyway, we are long overdue for another earthquake vankelvin: |
Are you feeling the Earth Tremor this evening ? 2 waves already Im sure there will be 5 more before midnight vaxx: |
guy you keep making noise The matter is no more a public opinion matter again It is now a criminal matter and those are the position of the law as i stated. The property we are talking about is not under international law. International law does not even give ownership embassies to the country being hosted. Laws on property ownership are internal laws You should go and learn what the Vienna convention says. Public opinions do not matter when the definition of laws are expressed. Osu does not need due recourse from the govt the stand with the position of the law on ownership of property. And the government is duty bond else they break the social contract. Have you seen the Supreme Court gone to government to ask for an interpretation of the law for them before? That is why they dont need government help to collect their property from Nigeria as it was being encroached on. Johnsghana: |
I will ask you to google Land title registration and learn what it says. Why dont you guys love to obey simple law? This is the position of the law Land ownership is the creation of statute. Simply put, you own land because the law says so. The legislation that confers ownership on land owners are the Land Title Registration Act, 1986 (PNDCL 152) and the Land Registry Act, 1962 (Act 122). PNDCL 152 provides that any contract granting an interest in land must be registered within 3 months of its execution. Any contract that is presented after three months of its execution would attract an additional fee. Act 122 also provides that a contract granting an interest in land must be registered within a specified time in order to gain priority against any other documents affecting the same land. Registration under PNDCL 152 gives the holder of the land an indefeasible title guaranteed by the state. However, Act 122 does not confer an indefeasible title on the holder of the land, rather, it confers priority based on the place the contract was executed and the time it was submitted for registration. The essence of registration under Act 122 may be defeated by section 26 of the Act depending on the place the contract was executed and the time it was submitted for registration. The reporters of Citifm are only reporting a story as given in the press conference. The land in question is not government land. You buy government lands from the regional lands officer and but stool lands from the stool. You purchase family lands from family heads. And since year 2000 the Nigerian high commission does not have ownership to the land. The reason why they could not acquire a lands title to prove their ownership of the land was because, to get and ownership title, Both the seller will have to certify that there is a valid contract which there wasn't. you ask, why didn't they transfer why didn't the Nigerian High Commission follow the right process for land acquisition? Dont they have lawyers? Caveat emptor, quia ignorare non debuit quod jus alienum emit babytoun: |
Uyo is more developed than Mobassa Libraticazi: |
babytoun:The Nigerians High Commission went to make payment to an institution that does not own lands. After doing so, They did not go to the lands Commission to register the land and get a land title showing that the owned the land. (meaning the claim was made up to cul tension on both sides). There was no contract of land sales between the owners of the land and the Nigerian High Commission. In the court of law, the Nigerian High Commission will be referred to as a trespasser. They might build it back because The Nigerian High Commission failed to consult them on failed to request from them for an extension of their facility. They the government also failed to direct them to the right place to make a purchase since Lands Commission is an outreach of the government. I'm using might because the matter is no more a civil matter A criminal case has been open at the High Court and from my knowledge of the law on land cases, with this revelations, the Ghanaian government will lose the case and the judgement will be against the Nigerian High Commission because they dont have ownership title to the land. When that happens, the government will not be able to use taxpayers money on such an expenditure. |
Addressing a press conference in Accra in the wake of the demolition of the structure by some unknown persons, the Minister said although preliminary investigations show that the High Commission did not have the land title certificate, it had receipts of payment on the land made by Banker’s Draft, payable to the Executive Secretary of the Lands Commission. So the Nigerian High Commission had no title deal to the land. The Osu traditional Council still had ownership of the property. There was no contract between Osu and the Nigerian High Commission. Lands Commission does not sell lands, they register lands. Those are the facts that the court will deal with. babytoun: |
Just facts You can visit the High Court any time and go through land cases and have a view of the law in work. Every stool is a government on it own. Do you know that, the Regional House of Chiefs and the National House of Chiefs are courts? Do you know why the president does not go to any Region without asking for permission from Chiefs ? No one is saying that international law does not deal with National government. Foreign nations cannot bypass the government of Ghana and steal stool lands likewise. If the Nigerian High commission wants lands, They are supposed to consult the Government of Ghana. ![]() Nigerian government attacking Osu stool with army, Okay that was funny. Guy are you really saying that ![]() Osu stool will not defend itself with army because as part of the social contract that exist between Chieftancy and Government, all Chiefs had to disband their armies and enjoy full protection of the National army. If you dont know something, dont pass comment on it. Go and pick any land adjudication document and learn. Did you hear what the Lands Commission said? That is the end of the case Johnsghana: |
nope I just know the law Johnsghana: |
![]() She said real Human Beings 68816419: |
Facts 68816419: |
what you just said is something they still dont understand 68816419: |
Ghanaian law accord them the same level of respect. A Chief's palace is diplomatic grounds The Paramount Chief and the entire chieftaincy structure is on the same level as any government and the Laws of Ghana respect them as such. In Ghana, we did not dismantle our old governance structure, though we took away some of their powers. babytoun: |
Buhari and the Ghanaian president have spoken already Just as diplomacy requires. IM just stating facts and if those facts will lead to escalation, then so be it. the facts being known is better than the falsehoods and self delusions going around. Sorry but no one is going to give a public apology in the Ghanaian Government, we dont operate like that. Since you dont know this, then let me let you know this. A traditional stool in Ghana is accorded the same level of respect as an embassy. Nigeria is free to do what it wants to and im very sure Ghana will respond. Anyway, this remains a private matter and it will be treated as such. Your government does not own the land, it was self-imposing itself to steal, Vienna Convention requires the Nigerian High Commission to ask in writting to the Ghanaian government if it requires land for diplomatic purposes. That is the procedure and they didn't follow it Those are some of the reasons why the case will be thrown out of court because the charges will not hold. You can't prosecute someone on Unlawful Entry and Causing Unlawful Damage contrary to sections 23(1), 152 and 172(1b) respectively of the Criminal and other Offences Act, 1960 (Act 29) if the person entered his own property. The chest-beating Chief is the owner in Trust of the land for the GA people that your Embassy is sitting on and when they get angry, they can require it back since the lease on it has expired and hasn't been renewed. Nana Addo is a lawyer and he has no option than to follow the law or face a ban from Ghana Bar Association. babytoun: |
yes and the case will end up in dismissal since none of the charges will hold up in court. This is a standard procedure, the case will get called and those arrested will make bail. Anyone who is aggrieved about the property demolition can go and make a case and the commission will be required to show evidence of ownership of the lands since a criminal case has been opened. The commission will rely on Vienna Convention cover to not take part in Criminal cases. Johnsghana: |
zombie go find some food and educate yourself spineless weakling gallivant: |
zombie go find some food and educate yourself spineless weakling gallivant: |
Senegal might just be the new kid on the block in West Africa Ivory Coast civil unrest sent them 15 to 20 years backward https://www.youtube.com/watch?v=ztwQW4I9vlw |
450million SCF of gas daily. Torture2020: |
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