LC4S174 - Land Trespass Analysis: Causes, Cases, and Judicial Verdicts

This research paper delves into the issue of land trespassing in Ghana, exploring its causes, examining relevant cases, and analyzing judicial verdicts. It highlights the increasing problem of land litigation due to population growth and economic disparities, particularly in the African context. The paper references the importance of land ownership and the role of customary land owners in Ghana. It investigates the inconsistencies in court judgments and the challenges faced by the judiciary in obtaining credible data. Ultimately, the study aims to provide insights that can inform policy makers in strategizing new approaches to curb land litigations, contributing to the understanding of trespass, adverse possession, and land title in Ghana. The research also touches upon the significance of addressing land disputes to ensure human rights and freedoms are protected.

Running head: DETERMINATION OF TRESPASS TO LAND IN GHANA
Determination of trespass to land in Ghana
Name of the Student
Name of the University
Author Note

1DETERMINATION OF TRESPASS TO LAND IN GHANA
Introduction
The importance of land is lies in the fact that it provides a foundation for human beings to
live. Not only is land used for the purposes of settlement, but it also provides the important
means of basic subsistence which is derived from forests and forest products. Land as such can
be termed to be the foundational base of the human society1. In the past, there was a belief in the
common ownership of land. People could reside anywhere of their choosing as long as they
ensured that no other human being was brought to harm or inconvenienced to any manner with
their occupation of land2. However, slowly, this system of land ownership began to change with
the rise in the divisions among the various classes of society. People began to segregate certain
pieces of land for themselves and exercise their power and authority over such demarcated land.
This had an important bearing in the organization of the society as more respect was paid to
people with larger area of land while less importance was given to those individuals who
controlled a considerable smaller piece of land3. Land signified the extent of power and authority
of an individual. In this sense, the importance of land grew in the context of the human society.
In the contemporary world, a recent problem which can be noticed is the periodical
encroachment of land by certain individuals of the society. Such a situation takes place because
of the relative increase in the size of the population as compared to the availability of land to the
human society. This necessarily leads to the trespassing of land by certain people of the human
society who are unable to purchase land for themselves4. This problem can be seen to be existing
1 Walsh, Emily. "Public versus private land use controls in England and the USA." International Journal of Law in
the Built Environment 9, no. 1 (2017): 18-31.
2 Lunney, Mark. "Trespass to land." In The Law of Tort. LexisNexis Butterworths, 2015.
3 Dorfman, Avihay, and Assaf Jacob. "The fault of trespass." University of Toronto Law Journal 65, no. 1 (2015):
48-98.
4 Eppinger, Monica E. "The Challenge of the Commons: Beyond Trespass and Necessity." The American Journal of
Comparative Law 66, no. suppl_1 (2018): 1-29.

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wildly in the outskirts of an urban settlement and in the rural areas. The social division in the
society as a result of the economic status of the people can be observed to be the attributing
factor for the increasing issues in land litigation5. In the context of the continent of Africa, this
concerning issue is more prevalent due to the disparities of the economic status of the people6.
The poor people are often compelled to occupy a land in an illegitimate manner due to the
inadequate monetary resources available to them7. This research paper seeks to analyze the
various causes of trespassing of land. In the context of Ghana, the research paper examines the
different cases relating to land litigation and the consequences arising from it. The paper
concludes with the importance of the authority of the judicial system of a country to determine
the cases relating to trespassing of lands.
Research Aim
The aim of the research is to look in to the various causes of land trespassing that is
occurring within the context of Ghana, a country located in the African continent and to analyze
the judicial verdicts given by the courts in such cases of land litigation.
Research Objectives
The objectives of this research are as follows –
1. To discuss the various causes of land trespassing that occurs in the human society.
5 Bray, Judith. Unlocking land law. Routledge, 2016.
6 Berry, S. A. R. A. "Chieftaincy, Land, and the State in Ghana and South Africa." The Politics of Custom:
Chiefship, Capital, and the State in Contemporary Africa (2018): 79-109.
7 Blomley, Nicholas. "The territorialization of property in land: space, power and practice." Territory, Politics,
Governance(2017): 1-17.

3DETERMINATION OF TRESPASS TO LAND IN GHANA
2. To examine the cases arising out of such instances of trespassing of land in the region of
Ghana.
3. To analyze the judicial verdicts given by the courts of Ghana in such cases of trespassing of
land.
4. To provide recommendations which would help to reduce the problem of land litigation.
Research Rationale
The importance of land can be analyzed by looking in to the words of Justice Ollenu,
who, in his book titled “Principles of customary land law in Ghana”, explained that land belongs
to a vast family of individuals, many of whom are perished, a few are living and countless hosts
are still unborn. This means if adequate measure are not taken to curb land litigation, the living
and the countless host unborn will continue to face challenges. Land ownership and rights
continues to be a topical issue in Ghana; as the menace of “land guards” (vigilantism) is at its
peak8. In view of this background, this study is being conducted to unravel the main critical areas
on trespass and title to land in Ghana. The research seek to obtain a deeper understanding of
trespass, adverse possession and title to land. With this understanding we will know how land
litigation concerning trespass originate, and how they are been handled by our court. This
research will help broaden public knowledge on land title, trespass and adverse possession to
property.
Significance of the Study
The rate at which land litigation in the various state courts keeps increasing is alarming.
The increase in this scenario can be attributed to the rising population and the relative decrease in
8 Nolte, Kerstin, and Susanne Johanna Väth. "Interplay of land governance and large-scale agricultural investment:
evidence from Ghana and Kenya." The Journal of Modern African Studies 53, no. 1 (2015): 69-92.

4DETERMINATION OF TRESPASS TO LAND IN GHANA
the availability of land9. It takes more time for the court to make a determination on land
litigation. Land ownership and institutional framework for land management, seems to be the
problem for the countless number of land litigation10. The study will inevitably contribute in
bringing forth the reasons for land litigation, and how the court adjudicate on issues such as
trespass and adverse possession. When you follow the chronology of trespass to land legal suit
(from High court to Supreme Court), it can be realized that judgment are inconsistent; this could
be a challenge of land ownership rights in the country11. Could it be that state courts are unable to
obtain credible data from the lands department, to assist them make pronouncement? The
significance of the study lies in the fact that having been aware of the various factors influencing
trespass to land cases, and how they are determined by the courts; will help policy makers
strategize new approaches of curbing land litigations.
Justification of the Study
The conduct of this research paper is important as it helps the people to understand the
current scenario of Ghana with regard to the issue of land trespassing. This situation is in
existence not only in Ghana but also in other parts of the world. It is the obligation and the
responsibility of the judicial system to resolve this issue in an effective manner12. The judiciary is
tasked with the maintenance of human rights and freedoms and to ensure peace and harmony in
the society. With the trespassing of land, the right of human beings over their property, which is
9 Houweling, Van, and Molly Shaffer. "Tempting Trespass or Suggesting Sociability: Augmented Reality and the
Right to Include." UCDL Rev. 51 (2017): 731.
10 Campbell, Ian. "Grammars of Disguised, Multiple, and Missing Critique in Dreams of Trespass and Tomorrow
We’ll Get Our Land Back." Journal of Middle East Women's Studies 11, no. 1 (2015): 80-97.
11 Apoh, Wazi, Kirsty Wissing, Wendy Treasure, and Joe Fardin. "Law, land and what lies beneath: exploring
mining impacts on customary law and cultural heritage protection in Ghana and Western Australia." African
Identities 15, no. 4 (2017): 367-386
12 Waterman, Tim. "Democracy and trespass: political dimensions of landscape access." In Defining Landscape
Democracy. Edward Elgar Publishing, 2018.

5DETERMINATION OF TRESPASS TO LAND IN GHANA
one of the basic human rights, gets infringed in the process13. This research study will show the
effectiveness of the courts of Ghana to tackle such issues of land litigation and points out the
shortcomings in the process. As a result, the research paper provides certain recommendations to
resolve this issue in an effective manner.
Background of the Issue
Land plays a very critical role to humanity, unvaryingly a source of power and affluence
with an increasing rate of demand14. The present rate of increasing population growth and
urbanization in Ghana, has tremendously increased economic value of land for various purpose.
As a result, there are many people of the society who are unable to pay the true value of the land.
According to Crook, the factors of population increase, cash crop led “marketization”, rural
urban drift and rapid urbanization have contributed to increasing conflicts over land15. Land
litigation is a major problem, in the management of lands in Ghana. Dispute and land litigation
cases in Ghana contribute to about 59% out of the total cases in court, according to the statistics
in Gyamera’s conference paper16. Statistics from the court registry also shows that the average
increase of land cases per year is 25%, with a settlement rate as low as 10%17. Land ownership,
security and tenure continues to be a challenge for most developing countries, of which Ghana is
not an exception. Crook in 2004 argued that contestation over land in Ghana, is predominantly
acute and appears likely to intensify18.
13 Baker, Leonard. "Human and Animal Trespass as Protest: Space and Continuity in Rural Somerset and Dorset."
In History Workshop Journal. 2019.
14 M Nti Appiah, Land Dispute Resolution in Ghana - Role of Customary Land Secretariats: Case of Gbawe Customary Land Secretariat
(Lambert Academic Publishing, 2011).
15 R Crook, ‘Access to Justice and Land Disputes in Ghana’s State Courts: The Litigants’ Perspective’ (2004) The Journal of Legal Pluralism and
Unofficial Law, Vol 36 (50).
16 A.E Gyamera & E.E Duncan ‘Land Conflicts in Ghana, Causes, Effects and Resolution’ (2016) Proceedings of 4th UMaT Biennial
International Mining and Mineral Conference.
17 Ibid.
18 Crook (n 2).

6DETERMINATION OF TRESPASS TO LAND IN GHANA
As part of the nation’s agenda to streamline its land policy, a National Land Policy
document was published in 1999; with the main idea of harmonizing the legal and regulatory
framework for a better land administration, empowering customary land authorities and the
establishment of special land courts19. Taken into account the various institutional proposed
reforms, a crucial question remains as to how the judiciary and other regulatory bodies can be
made effective to minimize the growing rate of land litigation in Ghana. Land litigation in
Ghana, to a larger extent, directly and indirectly has a negative effect on the country’s economic
performance and also on societal values20. Land litigations in Ghana occur in many forms;
mostly they arise between individuals on boundary disputes, adverse possession and trespass.
The most serious litigation are those that arises among two (2) allodial land owners (customary
stool) and families. Customary and family land owners, play a critical role in land ownership in
Ghana. They have the right to grant leases and freehold interest, and whenever there are land
litigations; it has a ripple effect on their grants21. Ghana as a Britain colony, was under the
indirect rule and policies, and regulation of land resource exploitation; was steered to the
incorporation of “customary” laws into a unified common law legal system through the
establishment of the Native Court22.
Land is not only considered as its mere soil, but the rights given to an owner to hold all
natural resources on the land. Ollenu defines “land” in wider customary law context as…
19 Ministry of Lands & Natural Resources, Policy Document 1999.
20 Wood, Steve. "Get off my land." Land Journal (2016): 10.
21 Collins, Andrea M., J. Andrew Grant, and Patricia Ackah-Baidoo. "The glocal dynamics of land reform in natural
resource sectors: insights from Tanzania." Land Use Policy 81 (2019): 889-896.
22 Crook (n 2).

7DETERMINATION OF TRESPASS TO LAND IN GHANA
“land itself, i.e., the surface soil; it includes things on the soil which are enjoyed with it as being
part of the land by nature, e.g., rivers, streams, lakes, lagoons, creeks, growing trees like palm
trees and dawadawa trees, or as being artificially fixed to it like houses, buildings and any
structures whatsoever; it also includes any estate, interest or right in, to, or over the land or over
any of the other things which land denotes, e.g., the right to collect snails or herbs, or to hunt on
land”23
Ollenu’s definition of land emphasize that, land ownership consist of one’s right under a
set of rules (Bundle of Rights). This means the violation of these bundle of rights, may amount to
either a trespass or an adverse possession of someone’s property. Trespass to land as defined by
Cooke, is the unjustifiable interference with the possession of land24. Following historical events
of tort relating to land, it will be noted that trespass is committed against possession and not
ownership of land. Land ownership and possession are two different spectrum in the legal
parlance. Ownership of land is tackled from two angles, to establish actual ownership over a
property; physical possession and legal possession25.
Land title certificate is the highest form of evidence that shows that, one has successfully
acquired a land in Ghana. Policies has evolved over time over the past fifty years, yet the country
seem not to make any head way in title perfect to land. Land title in Ghana was introduced in
1962 whose main objective was to gradually abolish deeds registration26. The main motive of
scraping off the deeds registration and replacing it with land title was to make title perfection
23 N.A Ollenu , Principles of customary land law in Ghana (London, Sweet & Maxwell, 1962)
24 J Cooke, Law of Tort (Case Navigator 8th Edn, 2007) p 313
25 Lunney, Mark. "Trespass to land." In The Law of Tort. LexisNexis Butterworths, 2015.
26 R Sittie, ‘Land Title Registration in Ghana: The Ghanaian Experience' (XXIII FIG Congress, Commission 7 Posters 2006)

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faster and easier for the concerned people27. Thus, land title was modelled on the weaknesses of
the deeds registrations. The transition from deeds registration to land title was a great challenge
due to poor records management, inadequate technical skills of staff and low level of public
awareness28. Rampant incidence of trespass to lands in Ghana can be attributed to the fact that,
majority of people who own properties in the country cannot provide any title (title certificate) to
their land29.
This research examines land litigations in Ghana, with concentration on trespass and title
to land. Trespass to land case which has travelled, from the High Courts to the Supreme Courts
will be digested making reference to some statutes. The research also looks in to the aspect of
trespass and title to land in Ghana, and what factors affects the courts in their pronouncement in
such cases.
Methodology
The methodology used for this research is that of qualitative analysis of secondary
resources. Qualitative analysis refers to the subjective analysis of the data which is provided
where no factual or objective analysis of data shall be done30. Secondary sources refer to the
aspect of information which is collected from books, journals and other such similar nature of
information31. In this respect, the data for this research shall be collected from the court cases of
27 Lambrecht, Isabel Brigitte. "“As a husband I will love, lead, and provide.” Gendered access to land in
Ghana." World Development 88 (2016): 188-200.
28 Sittie (n 10)
29 Biitir, Samuel B., Baslyd B. Nara, and Stephen Ameyaw. "Integrating decentralised land administration systems
with traditional land governance institutions in Ghana: Policy and praxis." Land Use Policy 68 (2017): 402-414.
30 Silverman, David, ed. Qualitative research. Sage, 2016.
31 Mayer, Isabella. "Qualitative research with a focus on qualitative data analysis." International Journal of Sales,
Retailing & Marketing 4, no. 9 (2015): 53-67.

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Ghana in Africa pertaining to the issue of trespassing of land. The different court cases shall be
analyzed in a subjective manner.
Literature Review
Trespassing of land refers to the aspect of forcefully entering in to the land or house of
another person to whom the land belongs in a legal way. In this respect, all the courts of the
different countries of the world have implemented a legal mechanism in order to avoid this
situation32. The courts of Ghana, that is the high courts and the Supreme Court, have classified
trespassing of land to be a criminal offence. In this respect, the Criminal Offence Act was passed
in the year 1960, known as Act 2933. Section 157 considers the aspect of trespassing and lays
down that whoever –
(a) Unlawfully enters in an insulting, annoying or threatening manner upon any land belonging
to or in the possession of any other person; or
(b) Unlawfully enters upon any such land after having been forbidden so to do; or
(c) Unlawfully enters and remains on any such land after having been required to depart
therefrom; or
(d) Having lawfully entered upon any such land, misconducts himself by having thereon in an
insulting, annoying, or threatening manner; or
(e) Having lawfully entered on any such land, remains thereon after having been lawfully
required to depart therefrom,
32 Obeng-Odoom, Franklin. "Understanding land reform in Ghana: a critical postcolonial institutional
approach." Review of Radical Political Economics 48, no. 4 (2016): 661-680
33 Nyantakyi-Frimpong, Hanson, and Rachel Bezner Kerr. "Land grabbing, social differentiation, intensified
migration and food security in northern Ghana." The Journal of Peasant Studies44, no. 2 (2017): 421-444.

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shall, on the complaint of the owner or occupier of the land, be liable to a fine not exceeding
c500,000 and the Court may order the removal from the land, by force if necessary, of any
person, animal, erection or thing.
One of the most well-known cases pertaining to trespassing of land in Ghana is that of
Vaughan-Williams v Oppong, 201434. In this case, it was stated that both the parties claimed
ownership to the land which was located in the region of East Legon. The verdict was in favor of
the defendant party because the defendant was able to assert his claims towards the land by being
able to prove that the title of the land belongs to the La Klanna Quarter who owned the lands
near Oteele Bawaleshie. The land which was in dispute belonged to this part. The judge also
pointed out that the mere fact that the plaintiff was able to construct walls around the land in the
year of 1974 did not effectively mean that she owned the land. Instead, the plaintiff was seen to
be a squatter, occupying the land in an illegal manner. However, the Court of Appeals reversed
this judgment and instead held that since the plaintiff was in possession of the land for a
considerable period of time, that is from 1974 to 1998, for almost twenty three years, the
challenge to the title was viable. The judgment which was provided in 1991 by the Circuit Court
was held to be invalid as it stated that the La Klanna Quarter claim to the land was invalid as the
plaintiff was in possession of the land for seventeen years. Section 10 (6) of the Limitation Act,
1972, (NRCD 54), any title that the La kLanna Qyater held after a period of twelve years,
became invalidated and therefore, the plaintiff had the right to claim the land as her own. Thus,
the Appellate Court was of the opinion that during the time Mallam Musa and the la Klanaa
Quarter initiated the court case, they were already divested of the land and had no legal claims to
34"Vaughan-Williams V Oppong (J4/11/2014)[2014] GHASC 162 (28 May 2014) | Ghana Legal Information
Institute" 2019

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it. In turn, the Defendant party appealed to the Supreme Court of Ghana against the judgment of
the Appellate Court. The case is still pending before the Supreme Court as of now.
Another case pertaining to the issue of trespassing of land is that of Boi and Others v
Adjei and Others in the year 201435. This is an instance of a case where an appeal has been made
against the verdict of the Cpurt of Appeal which was passed on 16th February, 2012. The case is
basically for the declaration of title of a land and all its pieces that are located at the region of
North Teshie. The land was bounded on the northern side by Mr. Laryea and on the south by Mr.
Kanton. On the eastern side, it was bounded by Vendor’s land and on the west by Vendor again.
The plaintiff imposed the allegations against the defendant, saying that they want restoration of
possession of the land and wanted the defendant to pay damages to the property caused. The
plaintiff also wanted to impose certain injunctions on the defendant and their workers and other
agents who had entered their land in an illegal manner and carried out activities on constructions.
All these greatly damaged the land and no responsibility has been taken. The plaintiff parties
stated that the land in question belonged to their father in the year 1961 who purchased it from
Nii Klu Din. After that, the immediate family came in to possession of the land and sought to
exercise their rights over the land by constructing pillars all across the land in the attempt to keep
out the trespassers. The plaintiffs, in order to establish dominance over the land, also went to the
extent of getting the land registered and obtaining a Land Title Certificate from the Office of the
land Title Registry in the year 2007. The plaintiffs accused the defendants to enter their land in
an illegal manner and construct unauthorized constructions in order to substantiate their claims.
Moreover, the defendants have refused to leave the land when urged to do so by the plaintiffs. In
return, the defendants claimed that the subscription of the land back in the year 1961 by the
35"Boi And Others V Adjei And Others (J4/8/2013)[2014] GHASC 133 (19 March 2014) | Ghana Legal Information
Institute" 2019