A High Court Judge, His Lordship Justice Alexander Osei Tutu, has cautioned the public to do due diligence and investigate the ownership and documents attached to the land they have intentions of buying.

Justice Tutu revealed that it is necessary to avoid instances of litigation pertaining to the land. He explained that one should find out whether the person granting the land“has the locus and whether he is legally permitted” to give out the land.

“You don’t rise and say that I am going to buy land, if the person is saying that my father left us [a] property, maybe for a man and his siblings and one person wants to dispose of the property. You need to ask [for] the requisite document, whether letters of administration have been obtained.”
Justice Alexander Osei Tutu

Commenting on the acquisition of Stool lands, he indicated that the buyer must equally probe “whether the one transferring the document to you is the occupant of the Stool”. He noted that despite the fact that the law allows and recognizes oral conveyance, it is important to find out whether the land an individual is acquiring does not have any associated challenges.

The High Court Judge, however, condemned the practice where some persons invade construction sites to demand digging fee from land developers. He expressed that such act is unlawful.

Justice Tutu highlighted that acts of such nature are punishable and culprits can receive up to 15 years sentencing for making such demands.

“The law has some rights attached to them [and] they are implied. One of the implied covenants which the law provides is that the grantor is supposed to give the grantee quiet enjoyment of the land. That means that for the period that the person will be on the land, you will not disturb him and his occupation of the land… So, in this context, after alienating the land to a grantee, I do not see the authority that the grantor has to turn around to say that I am demanding this and that from you. In my view, it is illegal.”
Justice Alexander Osei Tutu

Principles of ownership in the country

Meanwhile, Justice Tutu emphasized that any judgement of a court on the ownership of land takes effect subsequently. He opined that a judgement on the ownership of land binds the parties involved and their future assigns.

“In respect of Judgement, there is this principle which states that a prior purchaser of land is not stopped by a judgement subsequently obtained. Let’s say Chief A granted land to me in 1970 and along the line he was destooled or something happened and he is no longer there and we now have a new chief who is sued or they go to court and the court gives judgement against my grantor [the previous chief]. They can’t turn round to say that because my grantor has lost the land, I should surrender the land.”
Justice Alexander Osei Tutu

Justice Tutu revealed that a judgement takes “prospective effect”, as such, when one is applying a principle of “res judicata”, which is a judgement of the court that binds the parties and their assigns, it is imperative to go by the dictates of the court.

“So if you decide a case today, tomorrow my assign cannot turn around and go to court in respect of the same subject matter… This principle applies to those who acquire the land from the day of the judgement; so that if I acquire my land before the judgement, the judgement cannot be backdated to affect my interest I acquired lawfully at the time.”
Justice Alexander Osei Tutu