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...
Tag: Land law
Where the Law of Immovable Property Met Jurisprudence: Memuna Moudy v Antwi and the Use of Public Policy When Adverse Possession in Compulsorily Acquired Property is Concerned
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...
21st Century Restatement Of The Principle In Kponuglo V. Kodadja
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...
Customary Grant Will Override a Subsequent Conveyance
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...