The East Dadekotopon Development Trust (EDDT) has stated that the land certificate it holds over the 3,408.65 acres of land at Tse Addo in La, Accra, was still valid as per a Supreme Court ruling on February 12, 2019.
The EDDT said the latest Supreme Court rulings have nullified all rights the Atta Tawiah Tsinatse family were granted by the High Court presided over by Justice Abada on March 3, 2016.
Addressing a press conference to dispute claims by the Atta Tawiah Tsinatse family that the Trust holds no authority over the said land, the Chairman of the East Dadekotopon Development Trust, Nii Obuor Fredman Afful, averred that the Justice Abada ruling which the Atta Tawiah Tsinatse family was relying on to claim 808.644 acres of land had been nullified by the Court of Appeal.
Ahead of the EDDT press conference, the Atta Tawiah Tsinatse family in a similar fashion met the media and claimed ownership over the entire 3,408.65 acres of the Tse Addo lands.
According to the families of Attah Tawiah Tsinatse and Numo Ofoli Kwashie, they sued the EDDT and secured a judgement from the High Court presided over by Justice Ofori Atta in Suit No. BL431, 2006.
The family also accused the Trust of using some police officers to terrorise residents on the land.
However, the Chairman of the EDDT, Nii Obuor Fredman Afful, in his response indicated that the EDDT was formed in 2002 following a court action and a Trust Deed dated April 20, 2002.
He said a new Board of Trustees was formed which took effect on March 27, 2017.
According to Nii Obuor Fredman Afful after the new board of trustees was established, claims begun to emerge from the Atta Tawiah Tsinatse and the Nuumo Ofili Kwashie families who later sued the Trust and secured a judgement in their favour in Suit No. 431/2006 which was delivered by Justice Ofori Atta on December 7, 2010.
“By that judgement, the families were declared owners of an area of 808.644 acres, which was registered in the name of the EDDT. Also the judgement impugned the certificate of the EDDT,” he explained.
He noted also that the EDDT filed an appeal against the High Court ruling at the Appeal Court but the families abandoned the earlier judgement of the High Court and entered into a consent judgement.
Nii Obuor Fredman Afful said, the consent judgement was adopted as judgement of the Court of Appeal on April 30, 2015.
He said: “By the Consent Judgement, which was the Judgement of the Court of Appeal, the Judgement of the High Court dated December 7, 2010 delivered by Justice Ofori Atta ceased to exist and the Land Certificate of the EDDT was thus preserved.”
He also averred that after the settlement, there was an inter-family conflict between the Atta Tawiah Tsinatse family and the Nuumo Ofoli Kwashie family when one faction of the families disputed the right of the other to act on behalf of the families.
He said the case later went before Justice Anthony Abada for determination. “The EDDT was not a party to this suit. It was purely a family affair,” he said.
According to Nii Obuor Fredman Afful, during the trial between the two families, there was an injunction filed against one family pending the determination of the matter.
“The ruling from the application was quite strange. By the ruling of the High Court presided over by Justice Anthony Abada, purported to determine the entire dispute did state that one of the factions did not have the capacity to represent the family and as a result, the Consent Judgement of the Court of Appeal was procured by fraud and it was set aside by the High Court,” he said.
He stressed that the March 3, 2016 Judgement delivered by Justice Anthony Abada sparked off the unfortunate chain of events being experienced over the land.
He pointed out that the two families reasoned that if the Consent Judgement was set aside, the only judgement existing would be the Ofori Atta Judgement of December 2010 against the EDDT and on that score, the family proceeded to register what they thought was theirs
But, in a counter press conference yesterday, the Head of family of the Ataa Tawiah Tsinaatse and Nuumo Ofoli Kwashie of La, punched deep holes into the claims of the EDDT, saying that the Trust did not have the legal basis to deal in any land transaction on their behalf.
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