UPSA LAW SCHOOL
BLAW 413: IMMOVABLE PROPERTY LAW I
2ND TUTORIAL QUESTIONS
1. The statutory modification in the Land Act, 2020 (Act 1036) on the accountability of the
Head of Family have reversed all the gains made under the Head of Family
(Accountability), Act, 1985 (PNDCL 114).
Discuss.
2. “Section 47 of the Land Act, 2020 (Act 1036) is a typical example of a statutory
provision in search of a problem.” Discuss the above quotation in relation to distribution
of spousal properties upon dissolution of marriage under Ghanaian law.
3. In June 2018, Osabarima Ampem Darko IV, Chief of Nanyor in the Eastern Region of
the Republic of Ghana, granted a leasehold interest of 99 years of a portion of Nanyor
Stool Land to Nkule, a South African national resident in Accra. Last week, Nkule
submitted the indenture and site plan to the Land Commission’s office in Koforidua for
registration. The Regional Lands Officer (RLO) seeks your opinion regarding the validity
of the grant to Nkule. Kindly advise the RLO accordingly.
Would your answer be different if the Chief had instead made the grant by way of a
usufructuary interest to Abugre, a farmer from Bawku?
4. In 1968, the Manso stool of Bogosu granted Abiola. A Nigerian banker, five plots of land
in Bogosu in the Western Region of the Republic of Ghana for valuable consideration.
The Deed of conveyance stated inter alia “This land is conveyed absolutely and forever”
to Abiola. Abiola has built a very plush five-star hotel on two plots of the land, a hotel
which is highly patronised by foreign expatriates and rich African business executives. In
2007, Abiola assigned all his interest in the remaining three plots of land to Golden Ridge
Inc., an Australian gold mining company. The company has commenced mining activities
on the land and has also started harvesting timber which was grown naturally on the land.
The Head of Legal at Golden Ridge Inc., Nana Yaw Odame, has justified the company’s
activities on the ground that to all intents and purposes, the land assigned to Golden
Ridge Inc. includes all the gold embedded in and timber attached to the land. Discuss the
legal issues involved and advise the parties.
5. Kofi Asante was elected the Head of the Oduma family of Adukrom in January 2019.
Notices for the meeting to elect Kofi Asante as Head of Family were circulated to the
principal members of the family and the presiding member of the Akuapem North
District Assembly. However, some principal members who were invited refused to attend
the meeting because they were of the opinion that Kofi Asante was not morally fit to be
the Head of Family. Two years into his appointment as Head of family, a section of the
family led by Opanyin Obuobi is agitating for his removal because in their view, Kwame
Appiah, the eldest surviving male is the one who is entitled as of right to be the Head of
Family.
In his capacity as Head of Family, Kofi Asante has made several dispositions of land and
executed conveyances without the consent and concurrence of the principal elders of the
family. Kwame Appiah together with some principal members of the family have also
started alienating portions of the family land to non-members of the family and receiving
the proceeds thereof to themselves. On 1st September 2021, Kofi Asante was scheduled
to commission a health facility built by the family in the area. Some principal members of
the family led by Opanyin Obuobi, served Kofi Asante with a notice to attend a meeting
on the same date and time without indicating the purpose of the meeting. Due to the fact
that the meeting coincided with the commissioning of the health facility, Kofi Asante was
unable to attend the meeting. At the said meeting, the principal members in attendance
declared Kofi Asante removed as Head of Family. Discuss the legal issues involved and
advise the parties on their rights, if any.
6. In 1950 Pastor Chris obtained a grant of land from the Barekese Paramount Stool, the
holders of the allodial title. Whereupon, he entered into possession and cultivated Shea
trees. In 1956 he relocated to Accra to seek greener pastures returning only when he
failed to secure a job in 1993. In the meantime, a sub-paramount stool had granted the
land to Ayibo, a South African commercial farmer who entered into possession in 1960.
Oyibo developed the farm, encroached on outlying areas that had been abandoned for
several decades. Both the Barekese Stool and Pastor Chris are outraged. As regards the
outlying lands Oyibo argues that by virtue of his long association with the Barekese
community and his services to the stool he is entitled to cultivate those lands.
Advise the parties, particularly as to the nature and incidents of the interest acquired by
Oyibo. Would your advice be influenced by any legislative intervention in the customary
land law?