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Documents in possession of The New Crusading Guide indicate that an Accra based hotelier, Angelo R. Adukere has on two occasions petitioned the Chief Justice, Her Ladyship Mrs. Georgina Theodora Wood over the conduct of Justice Paul Dery in the ongoing litigation over a parcel of land at Oyarifa.

In the second petition to the Chief Justice dated 20th October, 2014, the hotelier poured out his frustrations and fears and stated “I made this passionate appeal and petition to your good office because I believe without your intervention the 6th defendant shall never see justice”.

He once again pleaded with the Chief Justice to transfer the case to a different Judge “in the interest of justice”

Giving the background to his petition, the hotelier popularly known as Angelo, stated that on May 3rd 2012, the Court of Appeal gave a judgment and set aside the judgment that plaintiff (Patrick Kuntor) had obtained in February 2009 and ordered the case to be tried de novo.

Kuntor and his solicitors who were clearly unhappy with the judgment by the Court of Appeal, “quickly filed notice of appeal to the Supreme Court saying that the Court of Appeal has made a mistake so they do not want a trial denovo”.

To buttress his fear of being served an injustice, Angelo continued that “at that time the Plaintiff did not see the need for the case to be tried denovo. When Justice Offeh was transferred and the current Judge, Justice Paul Dery came to that Court, immediately the Plaintiff caused a hearing notice to be issued on the defendants”.

Apart from alleged instances of intimidations of Angelo and his Solicitor by Justice Dery, the petition also stated that “the Plaintiff and his followers on the other hand are going about saying that very soon judgment would be delivered in favour of them by Justice Dery and all property in the litigated area will be demolished”.

In the substantive case with suit number AL 62/2008 titled Patrick Kunto Vrs. Numo Klotia Akpor and 6 others involving a 37.6acres of land, an Accra High Court, in its ruling on 13th March, 2009 ruled in favour of the plaintiff, asserting that it was unlawful to register the said land in the name of any other person since the plaintiff’s claim to the land has not been challenged.

Angelo Adukere, who is the 6th defendant in the case appealed against the decision of the High Court on the grounds that he had t been served by the Court to enable him enter his defence.

The court of Appeals upheld his submission and therefore quashed the ruling of the high Court. In its ruling, the three member panel made up of Justice J. A Ayebi, Justice Isaac Duose and Justice K. A Quaye held that “the rules of court require that the appellant be served personally with a hearing notice of the hearing which took place on 21/11/08. In spite of the declaration of the Registrar that the search answered on 12/11/09 is official search result from the court, there is nothing on record to show the appellant was in fact served with notice of the hearing which took place on 21/11/08”
Continuing, the three judges held that “by not serving the appellant notice to attend the trial which resulted in a judgement against him, he was denied natural justice.

Please stay tuned.