The Numo Nmaishie family of Teshie has welcomed a unanimous ruling by the Supreme Court (SC) on its 70 towns and villages ownership which has been in dispute.
The court presided over by Justice Jones Dotse unanimously ruled that 17 out of the 70 towns and villages could not form part of the towns and villages owned by the Numo Nmaishie family.
The 17 communities which were taken out from the 70 towns and villages are Baatsonaa, Madina, Bawaleshie, Mpehuasem, Frafraha, Paapao, Haatso, and Ashongman,
The rest are Oyarifa, Adenta, Pantang, Danfa, Adoteiman, Otinibi, Ashalley Botwe, Teshie Artillery Range, and Kpeshie Ridge.
The Apex Court has however, directed the Lands Commission to strike out the 17 affected areas from their records as being part of the towns and villages owned by the Numo Nmashie Family of Teshie.
“VARIATION OF THE JUDGMENT OF THE TRIAL COURT
(58) While we substantially affirm the findings of fact and conclusion reached by the Trial Court that the judgment in Suit No.49/80 which proclaimed the 3 Defendant Family as owners of the said seventy (70) villages and land comprising over 72,000 acres was procured by fraud, it must be clarified that, this decision does not affect the issue of entitlement to compensation determined in KLU VS. AGYEMANG III (supra) wherein the then Court of Appeal pronounced that the 3rd Defendant Numo Nmashie Family, own the about 25 acres which constitute the acquisition area. By upholding the Plaintiff’s allegation of fraud therefore, this court must not be misconstrued as having held that, the aspect of the judgment of the then Court of Appeal which proclaimed the Numo Nmashie Family’s entitlement to compensation is also fraudulent. That issue has never been contested since the decision was delivered.
(59) We further make the following consequential orders: a. The pronouncements and declarations herein made in favour of the numerous families and stools, most of whom are not parties to the instant suit, should be treated merely as declaratory. That is, our judgment is not to open the flood gates, for attempts to recover possession and trigger demolition orders, particularly in relation to grantees of the 3rd Defendant Family in respect of some of the lands we have pronounced as not falling within the scope of the judgment in Suit No.49/80. IN RE ADJANCOTE ACQUISITION, KLU VS. AGYEMAN III (supra).
b. All persons who have acquired grants from the Numo Nmashie Family in areas which by this judgment have been held not to belong to the said 1st and 2nd Defendants and 3 Defendant Family and have taken possession of those pieces of lands shall not be dispossessed of their interest. They shall, however, atone tenant to the relevant stool or family as per the decision reached in this judgment and other like cases on them.
c. We further affirm the order of the Trial Court that the name of the 3rd Defendant, the Numo Nmashie Family be deleted from the records of the Lands Commission as being owners of the lands afore-declared as not forming part of the Numo Nmashie Family land.” Portions of the 32-page ruling read.
Speaking in an interview with the media after the SC’s unanimous ruling, the Head of the Numo Nmashie Family of Teshie, Mr. Daniel Nii Adzetey Adjei said they welcome the decision by the court which he says settles the long-held dispute over who owns what.
“In fact, we are much delighted about this judgment because it puts to rest the ownership claim disputes over towns/villages/lands which has pushed back the needed developments.
Today this judgment by the Apex court affirms our long-held claim that we are the true owners of the 53 towns and villages which include: towns like Abladjei, Sempene, Aboman, Abokobi, Akporman, Boi, Kweiman, Ocherekomfo, Agbogba, Ayim, Ogbojo, Otele, Agblesia, Berekusu, Adjeimantin, Sesemi, Amranhia and Apenkwa among others” He reiterated.
By: Nana K. A. Bediako
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