NII KPOBI TETTEY TSURU III VS THE CHIEF OF DEFENCE STAFF & ANOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Trust Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a motion filed by the East Dadekotopon Development Trust to join as a defendant in a lawsuit concerning land ownership. The plaintiff, the La Mantse, had sued claiming title to land that forms part of a larger area owned by the Trust through a consent judgment and trust deed. The Trust holds a Land Title Certificate for the area. The plaintiff opposed the joinder, arguing that the Trust's Board of Trustees' mandate had expired. The court granted the Trust's application to join as a defendant, ruling that the Trust's legal personality and right to sue or be sued remains intact despite changes in its board. The court emphasized that the plaintiff, as one of the settlors, cannot unilaterally initiate action over lands contained in the Trust's land title certificate without involving the Trust. The case highlights principles of trust law, property law, and civil procedure, particularly regarding the legal status of incorporated trusts and the joinder of necessary parties in legal proceedings.
This is motion on Notice filed on behalf of Applicant seeking an order to join East Dadekotopon Development Trust as a defendant.
The basis of this application can be found in paragraphs 2 to 11 of the affidavit in support.
It is the contention of the applicant that the plaintiff in this case sued the defendants claiming among its reliefs a declaration of title and recovery of possession.
The land being claimed by the plaintiff forms part of a larger tract of land owned by the Applicant/Trust per a consent judgment dated 12/7/01 in Suit No. L353/97. In 1997 there were three claimants to the said land; namely the La stool, the Lenshie Quarter and the Nmati Abonase Quarter, claiming ownership of the land behind the Ghana International Trade Fair which includes the land subject matter in this case.
By a Trust Deed dated 10th April 2002 and registered under the Trustees (Incorporation) Act 1962 (Act 106) the Settlors created the Applicant/Trust and transferred the ownership and management of the said lands to it for the benefit of the citizens of La.
The Applicant thereafter applied and registered this vast tract of land of which the land in dispute forms part at the Land Title Division and therefore holds a Land Title Certificate No. GA19310 dated 2/10/03 over the land.
The plaintiff/respondent herein was a party to that consent judgment and one of the settlors of the Applicant/Trust. In 2004 the Applicant took the Government of Ghana to court when the military laid claim to the said land describing it as military land.
The Applicant/Trust obtained judgment in the High Court in Suit No. BL 247/2004. The Plaintiff/Respondent was a party to the said consent judgment and as indicated one of the Settlors of the Applicant/Trust is very much aware of the Applicant/Trust ownership of the land in dispute; therefore the plaintiff cannot resile from the Trust and initiate an action wholly by himself and without any recourse to the Applicant/Trust who holds the legal title in land by virtue of the Land Title Certificate.
In an affidavit in opposition filed on 8/7/16 the plaintiff opposed the joinder on the ground that the application was incompetent and was brought without lawful authority because of the nonexistent nature of the Board of Trustees.
To the Plaintiff/respondent the mandate of the eight members Board of Trustees appointed according to the Applicant/Trust’s constitution to manage the Applicant/Trust affairs expired in 2006. To him the applicant has