Meaning of the term – Allodial The word ‘Allodial’ means absolute interest or original heritage’.[1] In Ghana, it is described as “the highest or ultimate interest in land”.[2] Historically, allodial pertained to land owned by a person without any feudal obligations or held without acknowledgement of any superior.[3] Allodial title can therefore be said to...
Introduction The problems that confronted land acquisition and administration in Ghana were daunting. It was therefore a big relief when a new land law was passed in 2020 to attend to the issues. The Land Act, 2020 (Act 1036) which came into force on 23 December 2020 is undoubtedly replete with innovative ideas. The Act...
Introduction Not too long ago, there was an information on social media, particularly on Whatsapp platforms to the effect that, if you put a caretaker on your land, he takes ownership of the land after being in possession for ten (10) years. The panic it caused to many Ghanaians was so telling and manifest. Since...
Abstract Everybody loves the story of the victim, or at least a majority of us. This feature of humans, fueled the backlash that followed the decision in Memuna Moudy v Antwi. People believed that it was unfair for the court to deny people who had been on land for decades, the right to use the...
By: Isaac Kwadwo Ankah (Associate, A-Partners@Law) “…The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law” – Anin Yeboah JSC in Amosa (No.1) v Korboe (No.1)[1] In Harley v Ejura Farms (Ghana) Ltd[2] Taylor...
Introduction One person who has probably litigated more than any other person under the sun is ‘John Doe’. He is indubitably known to the laws of many countries, including civil law jurisdictions; albeit with different identities. Nonetheless, it appears that he has been banned from Ghana. Like the closure of our airports and borders for...
Introduction On 24th November 1933, the Privy Council delivered a decision that has had far reaching consequences on not only our jurisprudence but British West Africa in general. The case was Abotche Kponuglo and Others v. Adja Kodadja[i](known in our law reports simply as: Kponuglo v. Kodadja and in this article as ‘the Kodadja case’). The ratio of...
The Supreme Court in Adisa Boya v Zenabu Mohammed & Mujeeb[i] held that writing is not a sine qua non to a customary grant in land transactions. Thus, a conveyance [indenture] only adds to a customary grant and its absence does not render a prior grant made under customary law invalid. Consequently, where a party is...