The long legal tussle between the East Dadekotopon Trust and some family quarters in La to determine the rightful owner of a parcel of land behind the Ghana International Trade Fair Center (GITFC), has finally come to an end as all feuding parties have resolved to settle the matter amicably on agreed terms once and for all.
A little background to these legal wrangling between the parties is that in 1997, Nii Kpobi Tetteh Tsuru III, La Mantse, acting on behalf of the La Stool, took legal action against the Lenshie and Nmati Abonase Quarters of La, claiming title to a large parcel of land situate behind the Ghana International Trade Fair Center (GITFC) in a suite No.L353/97. The court dismissed the matter before evidence could be taken and, aggrieved by the decision, Nii Kpobi III appealed at the Court of Appeal.
On 13th May, 1998, the Court of Appeal set aside the decision of the High Court, restraining all parties from dealing with the land in anyway and ordered for the case to be sent back to High Court for hearing.
Whilst the suit was pending at the High Court, the La Mantse Nii Kpobi III;(the Ataa Tawiah Tsinaiatse Family, and the Numo Ofoli Kwashie Families in La executed a Deed of Confirmation and Surrender dated 16th February, 1999, by which the La Mantse granted 620 acres of the disputed land to two families without the knowledge of the Lenshie and Nmati Abonase Quarters of La.
When this came to the notice of the Lenshie and Nmati Abonase Quarters, they protested and threatened to site La Mantse for contempt. Then the three parties who executed the said Deed did another Deed of Revocation on 10th July, 2001 thereby; revoking the grant of the 620 acres of the disputed land.
Subsequently, the parties; Nii Kpobi Tettey Tsuru III representing the La Stool, Nii Odoi TsuruI representing the Lenshie Quarter and Nii Adjei Boahen II, representing the Nmati Abonase Quarter of La amicably settled the case and filed a consent judgment which was adopted by the High Court on July 12, 2001.
In the said consent judgment the parties agreed to set up a Trust to take over the control and management of the disputed land for the benefit of the citizens of La. They also recognized the interest of the families of Atta Tawiah Tsinaiatse, Tse Addo and Kwade We respectively, in portions of the said land and authorized the Trustees to agree with the families on the extent of their interest.
On 10th April,2002, Nii Kpobi Tettey Tsuru III, Nii Odoi Tsuru I, and Nii Adjei Boahen II as settlers set up the East Dadekotopon Development Trust pursuant to the consent judgment and registered same under the Trustees(incorporations) act, 1962 (Act 106).
The Trust then applied for a Land Certificate from the Land Title Registry. Some persons caveated same, including the Ataa Tawiah Tsinaiatse and Numo Ofoli Kwashie families of La acting through their lawful Attorney Benjamin Tetteh Quaye. The Trust and all the caveators amicably settled the matter on July 3, 2003. The Ataa Tawiah and Numo Ofoli families wrote to the Land Title Registry to grant the Land Certificate to the Trust to enable the Trust grant them a parcel of the land as agreed.
Pursuant to the said agreement, the Land Title Registry issued Land Certificate No. GA 19310 dated 2nd October, 2003 to the East Dadekotopon Development Trust.
Despite the agreement, the Atta Tawiah Tsinaiatse and Numo Ofoli families in 2006 sued the East Dadekotopon Development Trust in the High Court, claiming title to 808 acres of the Trust Lands covered by the Land Certificate No. Ga 19310 (suit no. BL 431/2006).
On 7th December, 2010, the High Court in Accra presided over by Justice K.A Ofori-Atta, gave judgment for the Atta Tawiah and Numo Ofoli families but the Trust being dissatisfied with the ruling also appealed against same.
On 1st March, 2011 the Court of Appeal stayed execution of the said judgment to enable the court determine the serious legal issues raised by the Trust in the notice of appeal.
After all the legal wrangling, all parties involved have resolved in the spirit of reconciliation, peace and development to agreed to amicably settle the matter once and for all on the strict terms that: The Ataa Tawiah Tsinaiatse and Numo Ofoli Kwashie families of La accept and recognize the title of the East Dadekotopon Development Trust covered by the Land Title Certificate No. GA 19310 dated 2nd October 2003. That Recognizing that the families acting through their lawful attorney Benjamin Tetteh Quaye leased a number of plots of the land granted them by the Trust to various persons pursuant to the earlier settlement in July, 2003 which persons have already developed same, the Trust shall regularize the said grants to those persons upon verification and proof provided the said grants do not compromise the approved layout of the area nor conflict with grants made by the Trust.
That In addition, the Trust shall grant fifteen (15) acres of the land to the Ataa Tawiah Tsinaiatse and Numo Ofoli Kwashie and the said families, their privies, agents, servants and persons claiming through them shall have no other or further claims against the Trust in respect of the said land.
The agreement was honored in the presence of and with the consent of Edward Mensah Tawiah (substituted by David Feefitee Tawiah) and Ewormienyo Ofoli Kwashie (substituted by Edward Nsiah Akuetteh) and their respective Lawyers, whilst the East Dadekotopon was represented by its Chairman and Lawyer.
Source: New Crusading Guide.........
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