Numo Nmashie Family wins court case

The attention of the NumoNmashie Family ofTeshie and La in the Greater Accra Region has been drawn to some media publications and actions of certain individuals’ days after the unanimous landmark ruling by the Court of Appeal on 26th November 2015.This judgement which went in favour of our good selves and restored an earlier judgement of the Appeal Court in suit no 49/80 with its cadastral plan and also confirmed by the Supreme Court in suit no. J4/14/2005 was declared void by Justice Ajet-Nasam in suit no. BL619/2007 on 8th March 2011.

Justice Ajet-Nasam alleged fraud against us in the preparation of our cadastral plan, and it was this judgement which was set aside by the Appeals Court recently.We use this medium to officially notify the public about the effect of the all-important judgment.

We, first of all, would like to express our unlimited joy since the Judiciary has finally restored our heritage and our bonafide property to us. Litigation must end somewhere, they say, and it is our belief that the closure of this Court cases would usher in new and better prospects for the families, individuals and estate agents.

The families of NumoNmashie and La are peace-loving people, and we assure the public that laid done procedures would be followed in our quest to regularize all sale and purchase of lands on our lands which span over seventy communities and villages.

In the coming days, we would embark on a joint familiarization tour on all our parcels of land to appraise ourselves with the level of encroachment and illegal sale of lands to unsuspecting clients by illegitimate people.

It is instructive to note that per the ruling of the Court of Appeal dated 26th November 2015 the three Justices restored the earlier ruling of the Court of Appeal in suit no.49/80 which approved the SITE PLAN which was later affirmed by the Supreme Court in Suit No.J4/14/2005.

The three Justices of the Court of Appeal, who sat on the case were Justice K.N.AduamaOsei, Justice S.E Kanyoke and Justice Gertrude Torkornoo(Mrs.)

The case has a long legal history dating back to 1976, and we would want to give a short trajectory of the court cases. The State Lands Tribunal Presided over by Justice Abban as he was and two others, were called to decide land and compensation claims in a matter styled as “Land acquired for the GBC TV Station at Adjancote”.

The three rival claimants in the Tribunal case were Chief of Berekuso, Akwapim(first claimant) and theNumoNmashie families (second claimant) and Dowuna family of Osu (third claimant). Each party claimed to be the rightful owner of the lands and therefore, entitled to the compensation from the government of Ghana.

That one key finding of the State Lands Tribunal in 1976 was the following, “Although we accept the evidence of the second claimant that series of wars were fought between the ancestors of the first claimant on one hand and those of the second claimant on the other when the latter arrived at Ajancote, we find that the first claimant’s ancestors never gave up possession and ownership of the top of the hill.

They never parted with any portion of the hill top to any person. We, however, find that the second claimants' ancestors settled and established a lot of villages on lands near and around Adjancote hill and to all intents and purpose these lands and villages are now in absolute ownership, possession and control of the second claimants people’’(emphasis added).

This singular finding of the Tribunal in respect of the ownership of the hill top only was appealed by NumoNmashie in 1980. The Court of Appeal in its judgement on12/11/1980 and known famously as CA 49/80 ruled unanimously in favour of NumoNmashie.

Before the Court of Appeal made its judgement and on the consent of all the parties the Court of Appeal appointed Surveyor Larsey to particularize and to produce a composite Plan of the villages adjudged by the State Lands Tribunal to belong to the NumoNmashie. The surveyor did his work and the resulting Plan became the Judgment Plan of the Court of Appeal in CA 49/80”.

When the losing parties in CA 49/80 failed to have the judgment of the Court of Appeal varied or set aside by the Supreme Court in suit no.J4/14/2005, they commenced a new action against the NumoNmashie family in Suit No. L.323/83 claiming the same reliefs that had been previously determined by the Lands Tribunal and by the Court of Appeal in the said CA49/80”.

The Plaintiffs then appealed the decision in Suit No. L. 323/83 at the Court of Appeal in Suit No. HI/190/2004 and on November 12, 2004, “the Court of Appeal unanimously affirmed the decision of Justice G.T. Wood (as she then was) namely, res judicata as per CA 49/80 and further that the Plaintiffs had failed to prove title to the area of 87.68 acres”.

Again not satisfied with the decision of the Court of Appeal, the Plaintiffs in that case appealed at the Supreme Court and the Supreme Court of Ghana unanimously dismissed the appeal and affirmed the decision of the trial Judge and the Court of Appeal namely, res judicata as per CA 49/80 and further that Plaintiffs had failed to prove their case.

Per the ruling, the NumoNmashie family now has ownership over lands at Ashiyie, Amrahia, Ayi Mensah, Samsam, Otweman, Sasabi, Sempene ,, Akokome, Gbeiwomlii, Kweibadu, Okantsuruman, Akrubi, Bawaleshie,Mempeasem, Madina,Adenta and Oyarifa, Amanfro,Maledjor.

The rest of the villages as captured on the Site Plan are Frafraha, Boi, Ogbojo, Abladjei, Abokobi, Adjiringano, Adonteimang, Agblesaa, Akpormang, AshalleyBotwe,Ashongman, Ayim, Bedjin, Danfa, Gonteng, Kweimang, Martetsuru, Nganormang, Nmaidjor, Obedibeng, Osrodompe, Otanno, Otinnibi, Otinshi, Otsrikonfo, Pantang, Tesaa, Agbogba, Otele, Batchona, Ajementie, BerekusoSesemi among others.

We are reliably informed that some estate developing companies, are developing vast portions of our lands at Amrahia, Gbeiwomlii,AshaleyBotwe and Ashiyie and are claiming that those developments are on Katamanso lands. They issue indentures to their clients and claim the lands are at Katamanso. We humbly advise them to see the family for regularization of those portions of their developments on our land as per the judgement plan.

Other Estate Developers are operating at Abokobi, Akporman, Sesemi, Ashongman and its environs.

It is our hope that these companies and others engaged in similar ventures on our land would take immediate steps to regularize their lease and acquisition of the said lands by contacting us.

We want to see to the optimum development of all our lands, and so we are committed to the rule of law.

All official transactions must be channeled to us. Long live NumoNmashie

Long live La

IngSurv Samuel Larbi Darko (Elder)

Lawful Attorney for NumoNmashie Family of Teshie and La