East Dadekotopon Development Trust and La stool clear air over suit against Joseph Nii Adjei
The attention of the East Dadekotopon Development Trust has been drawn to a publication in the Wednesday, February 2, 2022 edition of the Daily Graphic newspaper.
The said publication is in respect of a decision of the Court of Appeal delivered on the 16th of December, 2021.
It is recited in the said publication, and indeed it has been confirmed in the past, that Nii Kpobi Tettey Tsuru III (then La Mantse, now deceased) together with Nii Benjamin K. Yemoh and Nii Adjei Koofeh IV, lawful Representatives of the Settlors/Appointing Authorities, being the La Stool/Traditional Council, The Leshie Quarter and the Nmati Abonase Quarter all of La, appointed 8 (eight) new Trustees under the Chairmanship of Nii Obour Fred Afful.
Suit No. LD 0487/2017 was commenced by Joseph Nii Nai Adjei (a.k.a. Paa Joe) and 7 others using the name of the EAST DADEKOTOPON DEVELOPMENT TRUST. In the said Suit, they claimed to be Trustees of the Trust.
In the said Suit No. LD 0487/2017, it has been contended among other issues, that the persons who sued on the name of the EAST DADEKOTOPON DEVELOPMENT TRUST (“EDDT”) are not Trustees of the EDDT and were therefore not entitled to sue using the name of the EDDT.
On the 31st of July, 2017, the High Court ruled that the persons who commenced the action in the name of the EDDT did not have the requisite capacity to do so on account of the fact that they had been unable to demonstrate that they were Trustees.
On appeal to the Court of Appeal, the Court of Appeal indicated that the procedure employed by the High Court in arriving at the issue of absence of capacity was improper.
The Court of Appeal did not endorse the claim of any person, and certainly, the claims of Joseph Nii Nai Adjei (a.k.a. Paa Joe), Emmanuel Odoi Yemoh and their cohorts to be Trustees.
The said Judgment does not give the aforementioned persons any rights to assume any positions including Chairman or Executive Secretary of the EDDT and any such erroneous impression should not be created.
It remains the position of the Defendants in the Suit that the name of the EDDT has been used by persons who lack the requisite mandate or authority.
That said, an Appeal has been lodged at the Supreme Court against the decision on procedure rendered by the Court of Appeal. The said Appeal is yet to be heard or determined.
Even more importantly, in an action brought jointly by the La Stool and the EDDT in Suit No. GJ 541/2018 tilted as follows;
1. NII KPOBI TETTEY TSURU III
La Mantse Substituted by Nii Adjei Koofeh IV. – PLAINTIFFS
2. EAST DADEKOTOPON DEVELOPMENT TRUST
VRS
1. Joseph Nii Nai Adjei (Nii Kwade Okropong I)
2. Jeremiah Laryea Koney
3. Nii Mensah Nyekpea-Enehu
4. Ebenezer Nii Quaye Larsey-DEFENDANTS
5. George Kormieter
6. Emmanuel Okpoti Odoi
7. Joseph Odoi Mensah
8. Emmanuel Odoi Yemoh
A Motion for Interlocutory Injunction has been brought against the Defendants, including Joseph Nii Nai Adjei (a.k.a. Paa joe) and Emmanuel Odoi Yemoh restraining them from holding themselves out as trustees or officers of the East Dadekotopon Development Trust and from interfering with EDDT property, and from selling or alienating same.
The General Public is therefore advised that the Suit brought by the East Dadekotopon Development Trust against Joseph Nii Nai Adjei, Emmanuel Odoi Yemoh & Others remains pending. The Public is advised, in the circumstances, to ignore any wild accusations from persons of questionable mandate who desire to hold on to, and treat, property of the EDDT as if it were their self-acquired property.
It is pertinent to mention that there are a plethora of judicial decisions which have over the years declared Joseph Nii Nai Adjei, Emmanuel Odoi Yemoh & Others as persons who have no capacity to act for and on behalf of the East Dadekotopon Development Trust. Indeed, they have been so declared as incapable of acting for the Trust as far back as the year 2014 when the High Court, Accra, presided over by His Lordship Justice George Atto Mills-Greaves in the case entitled Nii Kpobi Tettey Tsuru III v. The Chief of Defence Staff & Anor, Suit No. sol 27/2013 held that the said Joseph Nii Nai Adjei, Emmanuel Odoi Yemoh & Others lack the capacity to act for and on behalf of the East Dadekotopon Development Trust. The decisions referred to are decisions which have not been overturned and are still binding on Joseph Nii Nai Adjei, Emmanuel Odoi Yemoh and his group of people.
For the avoidance of doubt, copies of relevant documents including the Trust Deed, Judgments or Proceedings may be obtained at the offices of the East Dadekotopon Development Trust to satisfy any further inquiry.
The General Public is advised accordingly.
NII OBOUR FRED AFFUL
CHAIRMAN
FOR AND ON BEHALF OF THE EAST DADEKOTOPON DEVELOPMENT TRUST