Supreme Court quashes Numo Nmashie Family Judgement

The Supreme Court has by unanimous decision, 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 over.

The High Court in a case 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.’’

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.