Supreme Court warns encroaches over Airport Hills lands

The alleged attempt by the Numo Mmashie Family to take over part of the Airport Hills Lands as well as some seventy towns and villages from Peduase to the Gulf of Guinea suffered a fatal blow in the Supreme Court (SC) on 30th November, 2016.

The Supreme Court in its ruling on 30th November, 2016 on an Order of Certiorari in the case of the Republic versus High Court (Land Division), ex parte Finali Ltd., (Nii Adjetey Akuffo – Interested Party), granted Finali’s application for certiorari and quashed both the writ of possession dated April 5, 2016 and the order to the Ghana Police Service to give assistance to the interested party (the Numo Nmashie Family).

Both orders were issued by the High Court (Land Division) in favour of the Numo Nmashie Family to execute the writ of possession over seventy towns and villages stretching from Peduase to the Gulf of Guinea.

Finali’s Application for Certiorari became necessary when in July 2016 Airport Hills was badly disturbed by a large aggressive crowd comprising the Numo Nmashie Family agents and supporters who entered onto part of Finali Ltd., Airport Hills land, claiming that the High Court, Accra (Land Division), had granted them a writ of possession to take over seventy (70) towns and villages in a map of towns and villages, covering from Peduase in the Eastern Region through Legon to the Spintex Road (Marty Tsuru) and beyond to the Gulf of Guinea.

What led to this case was that following the compulsory acquisition of the land situated at Adjancote in 1973 for a television station for the Ghana Broadcasting Corporation under the State Lands Act of 1962, rival claims for compensation were made by three claimants including the Numo Nmashie Family. The Land Court Accra declared the Brekusuhene, one of the rival claimants, as entitled to be paid compensation.

On appeal the Court of Appeal on 15 December, 1982 held that the Numo Nmashie family had established a better claim to the payment of compensation for the land compulsorily acquired for the television station for the Ghana Broadcasting Corporation at Adjancote.

Some thirty four years later, which was on 12 February, 2016 the Numo Nmashie Family went to the High Court, Accra (Land Division), claiming that by reason of the Court of Appeal decision which held that the Numo Nmashie Family were better entitled to be paid compensation for the land compulsorily acquired for the television station for the Ghana Broadcasting Corporation at Adjancote, they were entitled to recover possession of not only Adjancote but also seventy villages and towns from Peduase to the Gulf of Guinea.

These villages and towns include Peduase, Obuom, Nsakye, Agyemanti, Brofesa, Brekusu, Teiman, Papao, Ogbodzo, Mpehuasem, Otinshi, La-Bawaleshie, Agiringanor, Okpoi Gonno, Oyarifa, Pantan, Ashonman, Agbogba, Adenta, Madina, Nkwatanang, Ashale-Botwe, Martey-Tsuru, Teshie and Kpeshie Ridge.

The High Court therefore granted Numo Nmashie family an order for a writ of possession to be issued to enable them recover the seventy villages and towns listed by the Numo Nmashie Family.

It was on the basis that the Numo Nmashie Family with the assistance of the police, who were directed by an order from the High Court, drove in bulldozers to demarcate and sell Finali’s lands to anybody who was willing to buy.