Regional News of 2014-04-07

East Dadekotopon Dev. Trust loses another legal battle

The East Dadekotopon Development Trust (EDDT) has been floored in another suit at the High Court, Land Division VI in Accra in a suit filed by Korkor Owusu-Akoto suing per her lawful attorney Joseph Laryea Yemoh against Samuel Quaye Tawiah of Atta Tawiah Tsinaatse and Numo Ofoli Kwashie Families and another.
The Applicant of the said Suit No. 849/2013, Korkor Owusu-Akoto suing per her lawful attorney Joseph Laryea Yemoh against the defendants, after purchasing 0.29 acre land from the East Dadekotopon Development Trust, claimed for demanded for a declaration of title to all pieces or parcel of land situated at La, behind the Ghana International Trade Fair and sought other reliefs.
Korkor Owusu-Akoto suing per her lawful attorney Joseph Laryea Yemoh also prayed the court to grant her an Injunction restraining Samuel Quaye Tawiah of Atta Tawiah Tsinaatse and Numo Ofoli Kwashie Families and another, his servants, agents, workmen, privies and all those claiming through him from interfering, constructing and or entering upon the land in dispute pending the final determination of the suit.
In an affidavit attached to the said suit, the plaintiff, said she became owner of the land by virtue of a lease dated 23rd May 2012 and executed between the East Dadekotopon Development Trust, a body which according to her, was registered under the Trustee (Incorporated) Act of 1962, Act 106. Korkor Owusu-Akoto said she has bought the land from her grantors, the Nmai Quarter of La as far back as in 1996, and has receipts evidencing the said purchase issued to her by the EDDT.
In making her claims as well, she indicated that the EDDT had since been issued with Land Title Certificate No. GA 19310, affirming ownership and title to the land.
She also stressed that soon after acquiring the land in dispute, she had exercise over and acts of ownership over the land and brought onto the land sand and chippings and subsequently constructed a short wall on the land. She however accused the defendant of trespassing on her land, hence the decision to file the suit.
However, 1st Defendant represented by counsel Yoni Kolendi asked the Court to refuse the Plaintiff’s instant application as it was frivolous, vexatious and unmeritorious.
In his submission, Yoni Kolendi, indicated that the application brought against his client is simply a repetition of an earlier application by the same Applicant praying for interlocutory injunction which was withdrawn by the Applicant, before it could be moved although the Defendant had responded to it.
The counsel Yoni Kolendi also noted that the said land had been leased to his client by the Ataa Tawiah Tsinaiatse and Numo Ofoli Kwashie families of La.
According to documents available to this paper, Yoni Kolendi, in his submission noted that the land which Korkor Owusu-Akoto and the EDDT are laying claim to forms part of a larger track of land covering an area of about 808.644 acres situated and lying behind the Trade Fair site at la and was also cause of subject matter in a court case dated 7th December 2010 between his grantors, and the EDDT.
Meanwhile, the Presiding Judge, Justice George Atto Mills-Graves upheld that he has taken critical look at the various positions taken by both parties on the application.
Justice George Atto Mills-Graves stated that he has also considered the arguments put up by the contending parties to the application and stated that “It is fundamental rule that the court will grant an injunction only to support a legal right……in other words the person entitled to an injunction is the person whose legal right has been infringed,”
He also observed that the plaintiff relied heavily on the title his grantor, EDDT gave her over the land.
The Judge said, although her affidavit claimed that the EDDT applied for land title and was granted with No. 10310, His Lordship Justice Ofori Atta in his judgment in Suit No. BL 431/2006 stated that the transaction leading to the grant of the said land title to EDDT was activated by fraud.
In view of that, Justice George Atto Mills-Graves asked if Korkor Owusu-Akoto, the Applicant, has any valid grant from the EDDT.
In his judgment, Justice George Atto Mills-Graves stated that, “For now I do not think this court should exercise its judicial discretion in favour of the plaintiff, to grant him this instant application.”
“……The basis of the Plaintiff’s assertion that he has a valid title from her grantors- the East Dadekotopon Development Trust has been defeated by the judgment of His Lordship Justice Ofori Atta.” He went on to state that, “In any case even if the Plaintiff has lodged any appeal against the said judgment to the extent that the judgment has not been set aside yet by any Appellate Court, it stands to be valid.” Justice George Atto Mills-Graves ruled that if therefore the 1st Defendant did obtained a grant of the disputed property from the Tawiah Tsinaiatse and Numo Ofoli Kwashie families of La, then, for now, they have valid grant that need not be disturbed, by decreeing any interlocutory injunction against him or his workmen, servants and assigns and anybody claiming through him.
The Court therefore dismissed the application and awarded cost of GH¢800.00 in favor of the 1stDefendant.
Meanwhile, the Tawiah Tsinaiatse and Numo Ofoli Kwashie families are still asking the public to, by virtue of all these judgments desist from dealing with the EDDT as far as issue of the land behind the Trade Fair is concern.
Source: The Moment Newspaper
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