The Supreme Court has ordered the Land’s Commission to delete from their records any claim of ownership of land by the Numo Nmashie family.
According to the court presided over by Justice Jones Victor Dotse, the Numo Nmashie Family cannot be said to be owners of the lands comprising some seventy (70) villages including Peduase, Obuom, Nsakye, Agyemanti, Brotrease, Danfa, Adoteiman, Otinibi, Malidzano, Okyækomfo Kotei, Taboadidi, Ayim, Adenkæbi, Abefia and Ayimensa,
The five-member panel of Justices held that pronouncements and declarations made in favour of the numerous families and stools, most of whom are not parties to the instant suit, should be treated merely as declaratory.
The court held “We find therefore that, the Trial Court properly evaluated the evidence which evidently exposed the Numo Nmashie Family’s false claim to the seventy (70) villages and land contiguous to them.”
The Boi Stool and some twelve others had dragged the Numo Nmashie family and two others to court claiming ownership of the villages and land falling within about 72,000 acres.
The judgment disclosed that the Family, believing to be the owners of the seventy (70) villages started proclaiming same and asserting ownership rights and that on Tuesday, April 30th, 2002, the Executive Secretary of the Lands Commission published in the Daily Graphic these villages as belonging to the 3rd Defendant Family.
According to the court, the publication emphasized that the High Court had ordered the Lands Commission to plot the judgment plan of the Numo Nmashie Family in respect of these seventy (70) villages.
But this was not to be as the plaintiffs headed back to court to assert what they believe to be their right.
The plaintiffs had sought to overturn the Court of Appeal judgment delivered in favour of the defendants.
They argued that the judgment is against the weight of evidence adding that the Learned Justices of the Court of Appeal erred when they held that the Numo Nmashie Family) did not obtain the judgment in Civil Appeal No.49/80 through fraud.
The plaintiffs had wanted the count to grant an order declaring any judgment based on the said finding that Numo Nmashie Family are the owners of the lands and villages almost contiguous to the said acquired land null and void on grounds of fraud.
They also sought aside general damages for trespass, a declaration that the Co-Defendant (Numo Nmashie Family) is not the owner of the villages and their lands mentioned in their reliefs.
Further, lawyers for the plaintiffs held that any judgment or order based on the said judgment is equally fraudulent, stressing that the Numo Nmashie Family, misled the court in the Civil Appeal to the effect that, it is the owner of the lands and villages almost contiguous to the acquisition area.
“Plaintiffs contended that, Surveyor Lassey’s report, which was the fulcrum of the consequential order in Suit No.49/80 was fraudulent, as some of the villages that the Defendant Family pointed out to the Surveyor as belonging to them were not theirs. The Plaintiffs alleged that the Defendant Family by misleading the surveyor in producing that report acted fraudulently” the judgment read in part.
Source: mypublisher24.com
