The supreme court of Ghana on Tuesday 19th November, 2019 dealt a final blow to The Ataa Tawiah Tsinaiatse family of La by quashing the judgment of justice Anthony Kofi Abada sitting at the high court, Accra, dated 21st may 2019, by which judgment Abada ordered the lands commission to issue land certificate covering 808 acres of the trust lands to the Ataa Tawiah Tsinaiatse family.
The supreme court also awarded total costs of gh¢20,000.00 against the Tsinaiatse family in favour of the trust. All legitimate grantees of the trust are therefore to take note and contact their lawyers to safeguard their lands from the Tsinaiatse family and their collaborators.
Nii Kwade Okropong I
Chairman EDDT
below is the judgment of the supreme court:
19-11-2019
IN THE SUPERIOR COURT OF JUDICATURE, THE SUPREME COURT (CIVIL DIVISION) SITTING IN ACCRA ON TUESDAY THE 19TH DAY OF NOVEMBER, 2019.
CORAM: DOTSE JSC, (PRESIDING), GBADEGBE, BENIN, MARFUL-SAU
AND KOTEY, JJSC
CIVIL MOTION
NO. J5/67/2019
THE REPUBLIC
VRS
REGISTRAR, HIGH COURT (PROBATE DIVISION), ACCRA
EX-PARTE: THE REGISTERED TRUSTEES OF EAST DADEKOTOPON
DEVELOPMENT TRUST.
1. DANIEL OFOLI EWORMIENYO
2. EDWARD NSIAH AKUETTEH INTERESTED PARTIES
Nii Kwade Okropong I (Chairman) representing the Trust Applicants
1st and 2nd Interested Parties present L. S. N. Akuetteh with him Jacob Noye for the Applicants present Hanifa Yahya for 1st
Interested
Party present
E. A. Vordoagu for the 2nd Interested Party present
BY COURT
We observe that learned Counsel for 1st Interested Party has raised an issue of capacity which we have adverted our minds to and dismiss same. On the substantive application to issue a Writ of Certiorari to quash the judgment of the High Court (Probate Division), Accra dated 21st May, 2019, Suit No, BMISC/720/15 presided over by Abada J, we agree with the Applicants that the learned trial Judge had no jurisdiction to grant the reliefs he purported to grant on page 27of the Judgment, to wit relief (e) in which the learned trial Judge proceeded to make
orders granting title of 808.644 acres of land to the Plaintiffs therein.
Accordingly, the said orders are hereby brought up to be quashed by certiorari and same are accordingly quashed.
Costs of GH¢10,000.00 against each of the Interested Parties in favour of the applicants.
(SGD) V.J.M DOTSE
JUSTICE OF THE SUPREME COURT
(SGD) N.S.GBADEGBE
JUSTICE OF THE SUPREME COURT
(SGD) A. A. BENIN
JUSTICE OF THE SUPREME COURT
(SGD) S.K. MARFUL –SAUJ
JUSTICE OF THE SUPREME COURT
(SGD) PROF. N.A. KOTEY
JUSTICE OF THE SUPREME COURT