Supreme Court rules for Finali Limited - Numo Nmashie ‘writ of possession quashed’
The Supreme Court has 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.
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In a judgement, the five-member panel also ordered the Ghana Police Service 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 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.
Invasion and destruction
The case leading to the apex court’s judgement was filed by a real estate company, Finali Limited following the invasion of parts of their Airport Hills land by the Numo Nmashie family in July this year.
Agents of the family were said to have stormed the residential area with the assistance of the police who were directed by an order from the high court. The agents of the Numo Nmashie family drove in bulldozers to demarcate and sell the land.
The police were said to have accompanied the agents to execute the High Court’s decision for the family to take over possession of the area.
Not satisfied with the development, Finali Limited filed an order of certiorari at the Supreme Court seeking to nullify the decision of the High Court.
Background
In 1973, the state acquired a piece of land situated at Adjankote in the Eastern Region for a television station for the Ghana Broadcasting Corporation (GBC).
Three rival claimants including the Numo Nmashie family made claims for the payment of compensation for 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 February 12, 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
In its 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 police 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 police “not to give any further assistance to the family in taking possession of any property.’’
The apex court granted Finali’s application rendering both High Court’s orders null and void.