The Supreme Court has clarified that the Nummo Nmasie family of Tessier in the Greater Accra Region cannot remain the owners of 70 villages occupying over 72,000 acres of land.
In its latest clarification, the Supreme Court’s five-member panel, presided over by Chief Justice Gertrude Alaba Essabah Turkornou, said that because of a 1982 Court of Appeal ruling, the Numo Nmasie family of Tessier had no right to the land. admitted that it could not be claimed. Their declaration of ownership of the land was based on fraudulent information presented to the court.
Accordingly, the court directed the Land Commission to cancel all registrations and certificates issued to the Nummo Nmasie and Tette Oreworon families of Tessie in respect of the 72,000 acres of land.
The court also directed that all third parties who had acquired title and ownership rights through the Nmo Nmasie family prior to the latest Supreme Court decision, owe their rental rights to Boi Stool and related families. did.
Villages influenced by Boi Stool vs. Daniel Ado Key & Ors
The villages affected by this decision are Peduase, Obuom, Nsakye, Adjemanti, Brotlease, Danfa, Adoteiman, Otinibi, Maritsano, Okilekomfo Kotei, Thaboadidi, Ayim, and Adenkurebi. , Abefia village, Aimensa village, Kweiman village, Odonkolkrom village, and Kwadukrom village.
Others include Otiaculum, Otoplum, Brekus, Kuponko, Dedekrom, Sesemi, Teiman, Papao, Ogbozo, Adaman, Mpewasem, Otinsi, Otanor, La Bawaressie, Tesa, Ajiringano, Okpoi-gonno, Mammolmo, Osiye, Amanfro, Bobamase, There are Abokobi and Nyamekrom. , Oyarifa and Ogoha.
The rest are Ajangote, Akpoman, Boi, Pantang, Sempene, Furafuraha, Apenkwa, Abrazei, Ankome, Ashongman, Agbogba, Adenta, Otuwa, Madina, Nkwantanang, Ashale Botwe, Atuo Okumang, Marty Tulu, Gbatuma, Okpegon, Abrekuma, Odediben, Agbresia, Aregon, Mangos, Tessier, Kpesi Ridge.
The clarification affirmed the Supreme Court’s judgment dated March 22, 2023, presided over by Justice Jones Victor Maullum Dotse.
Other members of the panel were Justice Isif Omolo Tanko Amadu, Justice Nene Abayateye Ofor Amegatcha, Justice Avril Lovelace-Johnson and Justice Emmanuel Yoni Kurendi.
The verdict was handed down in favor of Boi Stool and 13 others.
1982 Appeal
After the government procured 25.031 acres of land on the Agincourt Hill through the Administrative Act (EI 163) in 1966, the State Land Court ruled that Nana Addo Mirek Agyemang III, the chieftain of Brekus, had acquired the Nummo Nmasie family. declared that they were entitled to compensation. and the Dwona family of Osu.
Dissatisfied with the court’s decision, the Numo Nmasie family challenged the decision at the Court of Appeal in December 1982.
This court’s decision was overturned by the Court of Appeal, which declared the Nmo Nmasie family a legitimate family entitled to compensation.
The court’s decision was based on a survey carried out by a surveyor who told the court that villages in the disputed area were occupied by members of the Nmo Nmasie family and that several villages had been established there.
The Nummo Nmasie family has since claimed ownership of 70 villages covering over 72,000 acres.
1999 suit
Following this appeal, Nii Naru Dwona II, Mantse of Boi, sued the grant recipients (the Oreworon family with the Nummo Nmasie family as co-defendants), claiming that he had been alienated from the grant recipients87.68 Claimed acres of land.
Mr Mantse’s case in Boi was dismissed because the Nummo Nmasie family owned more than 87 acres of land.
This decision was based on a 1982 appeal.
bring the action
An appeal against Mr Mantse of Boi’s case was dismissed by the Court of Appeal in November 2004, and a further appeal by the Supreme Court was dismissed in June 2006.
ownership claim
After the 2006 judgment, the Nummo Nmasie family began declaring ownership of 70 villages, prompting the Director-General of the Land Commission to draw up a judgment plan for the 70 villages and families for publication in the Daily Graphic.
The families include the La Bawaresi family, the Madina family, the Mpewasem family, the Peduase family, and the Abokobi family.
The Nummo Nmasie family has once again obtained an order from the High Court to take possession of the property on the land and begin demolition.
High Court Judgment
However, this created resistance and another legal battle erupted in the High Court.
The Boi Stool newspaper, through its lawyer Prosper Sorla Nyahe, argued that the Nummo Nmasie family obtained the 1982 judgment fraudulently and asked the court to set it aside.
In a judgment dated March 8, 2011, the High Court ruled in favor of Mr Boi Stool and 13 others, upholding that the Nummo Nmasie family had fraudulently obtained the judgment.
This is because witnesses from villages captured as part of the 70 villages claimed by the Numoh Nmasie family have testified in court that they are not subordinate to the Numoh Nmashye family. This weakened the Nummo Nmasie family.
2011 Appeal
The Nmo Nmasie family subsequently appealed the March 2011 judgment to the Court of Appeal.
The Court of Appeal set aside a March 2011 High Court ruling, saying Bois Stool and 13 others had failed to establish evidence to support their claims of fraud, saying the judgment was bound by the 1982 ruling. Stated.
This decision was later overturned by the Supreme Court in an appeal filed by Boi Stool and 13 others against the Oreworon family, with the Nmo Nmasie family as co-defendants.
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