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The Supreme Court of Justice has for the second time has  quashed by order of Certiorari a High Court ruling delivered in favour of the Numo Nmashie Family of Teshie over some 70 towns and villages in Accra lands which the family was claiming ownership.

The High Court had in Suit No. HR 0111/2016 between the Numo Nmashie family and the Lands Commission gave ruling in favour of the family and ordered the Lands Commission to plot and register all applications submitted by the family in respect of the lands in dispute and indicated that the Lands Commission has breached the Fundamental Human Rights of the Numo Nmashie family. However, the Supreme Court sitting on May 29, 2017, quashed that decision as delivered by the High Court and indicated that, ‘Let the Judgement of the High Court dated 3rd November, 2016 in Suit Number HR 0111/2016, Numo Nmashie Family of Teshie etc. vrs Lands Commission, be brought before this Court for the purpose of being quashed, on an Order of Certiorari AND the same is hereby quashed.’’

In the Supreme Court Suit, The Republic Vrs. High Court (Human Rights Div) Accra Ex-Parte: Kwadwo Asante Boateng aka Kwadwo Baa; 1. Numo Nmarshe Family 2. Lands Commission, Counsel for the Applicant moved the Application for Certiorari to quash the judgement of the High Court and for an Order of Prohibition in respect of the 2nd.

According to the Supreme Court judgement, the grounds of the Application were that the High Court ruling was delivered in breach of the ‘audi alteram rule’ because the Applicant was neither a party to the suit nor was he heard during hearings.

It also established that the decision of the High Court affected the 2nd Interested Party’s (Kwadwo Asante Boateng) peaceful occupation of the piece of land in which he has an interest.

Although, Counsel for the 1st Interested party opposed to the Application on the ground that there was no error on the face of the record, the Supreme Court held that there was an error of law that is apparent in the face of the record, ‘a ground of an Order of Certiorari.’’

According to the Supreme Court, ‘’…it is clear on the face of the record before us ( the 1st Interested Party’s affidavit in opposition) that most of the claims by the plaintiff before the Court were all matters that required proof. However they were all granted, even though the Judge did not try any of those claims on evidence.’’

The Supreme Court also upheld that the judgement delivered by the High Court affected the interest of the Applicant according to his affidavit hence, there was every reason for the High Court Judge to listen to him in evidence, which according to the Supreme Court ‘’…might have been likely had the High Court Judge embarked on the basic enquiry required in the matter before her

According to the Supreme Court ruling, natural Justice was also not observed and served hence, the decision to grant the Order of Certiorari and quashed the earlier ruling delivered by the High Court.

The Supreme Court also in November 2016 ,quashed a High Court’s decision that allowed the Numo Nmashie family of Teshie to take possession of land that stretches from Peduase in the Eastern Region through Legon to the Spintex road in Accra.

In a judgement, the five-member panel also ordered the Ghana Police Service (GPS) not to assist the family in executing the judgement of the High Court.

According to the court, the High Court lacked jurisdiction in allowing the family to take possession of the stretch of land.

The panel in the November 2016  was presided by Mr Justice Anin Yeboah with Mr Justice Paul Baffoe- Bonnie, Mr Justice Sule Gbadegbe, Mr Justice A. A Benin and Mr Justice Yaw Appau as the other members.

The case leading to the apex court’s judgement was filed by, Finali Limited, following the invasion of parts of their Airport Hills land by the Numo Nmashie family in July this year.

Background

In 1973, the state acquired a piece of land situated at Adjancote in the Eastern Region for a television station for the Ghana Broadcasting Corporation.

Three rival claimants including the NumoNmashie family made claims for compensation of the land.

The Land Court ruled in favour of the Brekusehene in the Eastern Region as the rightful claimant for compensation.

On December 15, 1982, however, the Court of Appeal overturned the Land Court’s decision and held that the Numo Nmashie family of Teshie should rather be paid compensation for the land. On 12 February, 2016, 34 years later, Numo Nmashie family then filed a writ at the High Court seeking to take possession of the land and others beyond it.

The High Court granted the writ of possession filed by the family and ordered the police to assist it to take possession of 70 towns and villages from Peduase in the Eastern Region through Legon to the Spintex Road and to the Gulf of Guinea. 

It was based on that judgement that the Numo Nmashie family stormed and attempted to take possession of the Airport Hills residential area belonging to Finali Limited.

Finali’s  application for certiorari at the Supreme Court, Finali stated that the High Court lacked jurisdiction to grant an order for the family to take possession of any property because the initial Court of Appeal judgement did “not grant recovery of any possession.’’

The company was also of the view that the High Court’s order for the GPS to assist in the recovery of properties was made “in jurisdictional error, null and void.’’It, therefore, prayed the apex court to quash the High Court’s decision and order the GPS “not to give any further assistance to the family in taking possession of any property.’’

The court granted Finali’s Application rendering both high Court orders null and void.