Public Notice: East Dadekotopon Dev’t Trust cautions public against land fraudsters

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PUBLIC NOTICE

 

EAST DADEKOTOPON DEVELOPMENT TRUST LANDS SITUATE BEHIND THE GHANA INTERNATIONAL TRADE FAIR, LA – ACCRA

 

BEWARE OF FRAUDSTERS!

 

It has come to the notice of the EAST DADEKOTOPON DEVELOPMENT TRUST that some fraudulent persons andsyndicates are going round collecting huge sums of monies from unsuspecting persons under the pretext of granting them parcels of the East Dadekotopon Development Trust lands behind the Ghana International Trade Fair, La – Accra covered by Land Title Certificate No. GA 19310 dated 2nd October, 2003.

2.​The Fraudsters are reported to be telling people that the East Dadekotopon Development Trust no longer owns those lands.  The General Public is hereby informed that IT IS NOT TRUE that the East Dadekotopon Development Trust no longer owns those lands covered by Land Certificate No. GA 19310 dated 2nd October 2003.

3.​For the avoidance of doubt the public is informed that the East Dadekotopon Development Trust is still the lawful owner of the vast track of land situate behind the Ghana International Trade Fair covered by a valid Land Certificate No. GA 19310 issued by the Land Title Registry on 2nd October, 2003.  No person, chief, group of persons, Family, the La Traditional Council or any Grantee of the La Traditional Council can therefore lawfully sell or alienate any portion of the said lands without a grant from the East Dadekotopon Development Trust.

5.​It should be noted that the said lands became East Dadekotopon Development Trust Lands by virtue of a consent judgment of an Accra High Court given as far back as 12th July, 2001 in Suit No L353/97 Between Nii Kpobi Tettey Tsuru III (La Mantse) vrs. Nii Adjei Boahen II (Nmati Abonase Mantse)Nii Odoi Tsuru II (Lenshie Mantse) and Others.  The said consent judgment remains valid and in force and no court has set it aside.  As such none of the parties in the said action and their privies, servants or persons claiming through them can lawfully alienate any portion of the land the subject matter of the court action without reference to the East Dadekotopon Development Trust.  As such the La Stool, the La Traditional Council and the Tawiah Tsinaiatse Family (who claim the La Stool granted them 620 Acres of the said land in 1999 at a time the Appeal Court had restrained the La Stool and the litigating parties from alienating the said lands.) have no right to alienate any portion of the said lands without a grant from the East Dadekotopon Development Trust.  Even if the TRUST ceases to exist (which is NOT the case) the said land DOES NOT REVERT TO ANY OF THE PARTIES IN SUIT NO. L. 353/97 or their privies and grantees as a matter of law.  Anybody in doubt is advised to seek proper legal advice before paying monies to any person in respect of the said lands.

6.​The General Public is also to note that the 7th December, 2010 High Court Judgment of Ofori-Atta J which ordered the cancellation of the Trust’s Land Certificate NEVER CAME INTO EFFECT as the Court of Appeal upon application by the Trust STAYED EXECUTION of the said Judgment on 1stMarch, 2011 pending the determination of the Appeal the Trust had lodged against the said judgment.  On 27th April, 2015 the Court of Appeal finally gave a consent judgment in the saidappeal which judgment confirmed the Trust’s ownership of the said lands.  The said judgment is binding on The Ataa TawiahTsinaiate Family, The Lands Commission and The East Dadekotopon Development Trust.

7. ​After the Court of Appeal Judgment one Esther KorkoiQuaye claiming to be the Lawful Attorney of the AtaaTawiah Tsinaiatse Family attempted to have the said judgment set aside alleging fraud.  When she failed at the Court of Appeal she proceeded to the Supreme Court in Civil Motion No. J5/35/2015 seeking to quash the Court of Appeal judgment of 27th April, 2015.  On 23rd February, 2016, the Supreme Court dismissed the said application thus bringing to an end the claims of that faction of the Ataa Tawiah Tsinaiatse Familyled by Esther Korkoi Quaye, Benjamin Tetteh Quaye, Samuel Quaye Tawiah and Holy Ajuji Quaye.

8.​It is for these reasons that the Trust is surprised to hear that an Accra High Court presided over by Abada J, sitting in the Probate and Administration Division has allegedly set aside the Court of Appeal Judgment of 27th April, 2015 in an INTERLOCUTORY INJUNCTION application between two members of the Tawiah Tsinaiatse Family where the Trust is NOT A PARTY! ​

9.​As far as we are concerned if there is any such Ruling, it is void and a nullity in law as the High Court has no jurisdiction to set aside the Court of Appeal Judgment of 27th April, 2015 and handover the Trust’s land to the Ataa Tawiah Tsinaiatse Familywhen no action has been brought against the Trust by anyone for that purpose!  Nor can any High Court lawfully revive the long dead and buried Ofori-Atta J’s judgment of 7th December 2010and give it a new lease of life!  In the circumstances any such ruling, if indeed it exists, would have been obtained by FRAUD and any persons who rely on same without proper legal advisewould have themselves to blame.

10.​Meanwhile the public may wish to know that recently the Court of Appeal has in two separate judgments again affirmed the title of the Trust in the said lands.  In its judgment dated 30th November, 2017 in the case of Nii Stephen MaleyNai vrs. East Dadekotopon Development Trust Civil Appeal.Suit No. H1/154/17, the Court of Appeal dismissed the appeal of Nii Stephen Maley Nai who was claiming 114.05 Acres of the Trust lands thereby confirming the Trust’s ownership of the said lands as decided by an Accra High Court presided over byBuadi J. on 27th February, 2017.  On 14th December, 2017 the Court of Appeal once again dismissed the appeal of Patience Kai Martei and Others who were claiming 55.81 Acres of the Trust lands in Civil Appeal. Suit No. H1/61/2016 titled Patience Kai Martei vrs. The Trustees of East Dadekotopon Development Trust and Another, thereby confirming once again the title of the Trust

11.​It has also come to the notice of the Trust that the Fraudsters have unlawfully parceled out various parcels of the Trust lands to some politicians, members of the security services and other public servants with the hope of getting their fraudulent deals protected.  Some of these public servants are moving heaven and earth to have their illegal acquisitions and the interests of the fraudsters registered at all costs.  The Trust shall continue to vehemently resist all such efforts without fear or favour!

12.​The Trust is therefore in the process of submitting a petition to the Office of the Special Prosecutor to investigate the conduct of these public servants (names withheld for now) for appropriate action.

13.​The general public is therefore WARNED that any person or group of persons who recklessly or negligently pays any monies to any of the fraudsters in respect of the East Dadekotopon Development Trust lands without any or any proper due diligence DO SO AT THEIR OWN RISK!  The TRUST SHALL NOT REGULARISE any such transaction.  The public is advised to always do a search at the LAND REGISTRATION DIVISION of the Lands Commission to find out if the land being offered to him/her falls within the Land Title Certificate of the East Dadekotopon Development Trust

14.​It should also be noted that the Trust has an order from the High Court to demolish all unauthorized and illegal structures on its land.  Any unauthorized or illegal developments on the Trust lands shall therefore suffer demolition without any further notice.  Meanwhile all lawful grantees of the Trust are advised to be very vigilant and use every lawful means to protect their properties and resist thefraudsters and extortionists and their land guards.

BE ADVISED ACCORDINGLY.

​​​​​…….…………………………………………

​​​​​​   ​SOLICITORS FOR

​​​​​EAST DADEKOTOPON DEVELOPMENT TRUST

​​​​

​​Nsiah Akuetteh & Co.

​​No. 21 Samora Machel Road

​​Asylum Down

​​Accra.

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