The Numo Nmashie Family of Teshie and the great families of La have been compelled by the truth, the whole truth and nothing but the truth to respond to the recent publication of Finali as follows. For the record, the Supreme Court of Ghana in WRIT NO. J5/1/2017 has NOT ruled and did not rule that Finali owns the lands that are described as Airport Hills.

Those lands properly described as Martey Tsuru and Obedibeng lands are lawfully owned by the Numo Nmashie Family of Teshie.

It is important to note that Supreme Court did NOT touch the numerous judgements of the superior courts affirming that the Numo Nmashie are the owners of those lands and other lands.

The Supreme Court did not grant an injunction against the Numo Nmashie in favour of Finali.

On the contrary, when Finali brought an application for an injunction against the Numo Nmashie in September this year in the High Court at Accra, it was thrown out as a case without any merit. Finali has filed two lawsuits against the Numo Nmashie Family in Suit No. LD/1128/2016 and Suit No. LD/1129/2016.

The Numo Nmashie Family have also filed a counterclaim against Finali for which till date, Finali has failed to file a defence.

In all its pleadings, Finali has failed to prove the root of its title over the disputed lands whereas the Numo Nmashie Family have an undisputed title over the lands.

The ownership of the Numo Nmashie Family over the lands have been confirmed by the judgements of the superior courts for decades now, as detailed following:

(a). W.A.C.A. Civil Appeal No.15 of 1953 (Land Acquisition No.4/1951) Nii Afotey Adjin II Claimant/Appellant versus Nii Adjei Obadsen II, Acting Teshie Mantse, Nii Adjei Onano, La Mantse & Others.

(b). In The Matter of The State Lands Act & In the Matter of Ghana Broadcasting Corporation Television Station At Adjancote etc. (Civil Appeal No.49/80) confirmed by:

(1). High Court Judgement in Suit No. L323/83 (Ebenezer Narku Okwei v. Daniel Addoquaye & Others);
(2). Court of Appeal decision in respect of Suit No. L323/83;
(3). Supreme Court decision in Suit No. J4/14/2015 delivered in 2006; and
(4). Court of Appeal decision in Civil Appeal No. H1/119/2013 delivered in November 2016.

It is trite that ownership of lands carries with it three fundamental rights namely, the right to possession; the right to use and the right to alienate the lands. The Supreme Court in its decision did not alter, amend or in any manner whatsoever affect the existing judgements from the high court, courts of appeal and supreme courts in favour of the Numo Nmashie Family. Thus, the judgements of the superior courts affirming title of the Numo Nmashie Family over 70 villages remain absolutely intact. What the Supreme Court stated simply was that in terms of the order for leave for possession that was granted recently by the High Court, that order should have been based on an order for leave for recovery for possession at the Lands Tribunal (the “High Court”) in 1976. Since that was not done, it was as if we have put the cart before the horse as it were. Thus, the Court reasoned that if it so wishes the Numo Nmashie Family should amend its claims to include an order for recovery of possession so as to properly found the order for possession. This is not a victory for Finali at all but a simple procedural clarification. The decision does not in any manner whatsoever affect the title of the Numo Nmashie over 70 or more villages. The Supreme Court’s decision does not prevent the Numo Nmashie from taking over any vacant lands in the judgement Plan of Civil Appeal No. 49/80. In terms of those in possession of Numo Nmashie Lands, the law is clear that those in possession must either atone tenancy or they shall be sued for possession. Nothing has changed.

It is important to note that the Numo Nmashie Family has never granted any lease to Finali and nor has it ever consented to any lease to Finali. As far as the Numo Nmashie Family is concerned, Finali and its heirs, agents, tenants and associates etc., are all trespassers on the lands. Finali does not own the lands and cannot prove its alleged title. The legal doctrine of nemo dat quod non habet applies. It means you cannot give what you do not have.  Therefore, Given that the Numo Nmashie Family have been the owners of the lands at all material times, any document or certificate purporting to recognize any other interest in the lands by Finali, are unfounded, unjust and a complete nullity.

Finally, in Suit No.L.229/98 referred to in the affidavit of the interested party filed by some members of the Numo Nmashie Family against Finali Ventures Ltd. and others, the High Court issued the following order:

“IT IS HEREBY ORDERED that the Defendants herein, their agents, assigns, representatives , etc., be and are hereby restrained from developing construction on, digging drains on, excavating and making roads on/or doing any acts that will alter the nature of the land, the subject matter in dispute and selling of portions on the grounds.”

That order was not appealed and no nor been set aside. Yet, not long after it was made and whilst the parties were still actively before the Court, Finali blatantly defied the order of the Court and engaged in open construction of dwellings on the disputed lands. An Inspection Report of December 2008 filed by the Registrar of the High Court in Suit no.L.229/98 states as follows:

“Pursuant to the order of the court dated 18th day of November, 1998 that the Registrar is to accompany the parties to the site to ascertain what activities are going on on the land  and report to court before the next adjourned date of 2nd December, 1998. I was instructed by the Chief Registrar to do same on his behalf.

I was at the site at Teshie around 2:00 pm. On Friday November, 1998 to carry out the court order. The following people were present:

Ben A. Annan, Esq. Counsel for the Plaintiffs

Emmanuel Adjei Tawiah, representing the 1st Plaintiff

Theophilus Nii Obadzen-2nd Plaintiff

Nii Adjei Obedeka For G.B.K. Annan -3rd Plaintiff

Daniel Mensah Ablord – 4th Plaintiff

Glover Tay, Esq. Counsel for Defendants

Kofi E. Gbedemah – 2nd Defendant

My findings are that there are various activities going on the land. I counted not less than four groups of workers at various places working on the land. They were carrying out activities like constructing a gutter, constructing metallic fences, some mixing mortar and others constructing new walls. At a certain place we saw some men constructing a new house and I asked Mr. Kofi E. Gbedemah whether the land on which they were building is part of the disputed land and he answered in the affirmative, I finished inspecting the site around 3:00 pm.”

It is clear from the foregoing that since 1998 Finali has been openly disrespectful towards the High Courts. The houses and building that are on the lands have been built in clear defiance of the High Court’s orders and in contempt of the Courts. The short of it is that Finali is not the owner of the lands. The Numo Nmashie Family of Teshie are the owners of the lands. These matters are currently before the Courts and when it is over, justice will be done. The Numo Nmashie Family of Teshie and the great Families of La are united for justice.