Gift of Land Under Customary Law

Nature
 Transfer of an interest in land without the payment of
consideration by the transferee.
 Two ways of making such gifts: 1) by a conveyance
where a deed of gift is executed, or 2) orally where it is
governed by customary law.
 Asare v. Kumoji
 Note also that customary gifts, if reduced to writing,
will still be recognized as customary gifts and will be
subject to the incidents of a gift under customary law.
 Sese v. Sese
Requirements
 Requirements for making a valid gift under customary
law as laid down in the case of In re Suhyen Stool are
 A clear intention to make a gift
 Publicity must be given to the making of the gift
 Acceptance of the gift.
 Ahmad v. Afriyie
 Akunsah v. Botchway & Jei Farm Ltd.
 Another requirement as gleaned from the authorities
is capacity.
 Akunsah v. Botchway & Jei Farm Ltd.
Intention
 The donor must evince a clear intention of making a
gift to the donee.
 It must not be an intention to temporarily part with
possession.
 It must not be an intention to help one out of a
difficult situation whilst maintaining ownership rights
over the property.
 Anaman v. Eyeduwa
 In re Suhyen stool
 Sese v. Sese – father had no intention of making a gift
under customary law.
Publicity
 The gift must be clearly publicized.
 The object of the requirement of publicity was to
prevent allegations of secret alienations.
 Forms of publicity include informing family members,
letting adjoining owners know of the transaction etc.
 Anaman v. Eyeduwa
 In re Suhyen Stool
 Akunsah v. Botchway & Jei Farm Ltd.
Acceptance
 The donee of the gift must accept the gift by
 Giving thanks offering – conventional aseda – differs
from community to community; or
 Non-conventional aseda such as simply using and
enjoying the gift or by doing [an] act which fulfilled the
objective which the giving of aseda was meant to fulfill,
namely, the expression of gratitude and the symbolic
acceptance of the gift.
 In re Suhyen Stool
 Asare v. Kumoji
 Anaman v. Eyeduwa –payment of husband’s debt was held as a
valid acceptance.
 Hausa v. Hausa
Capacity
 The donor of the gift must have the capacity to make
the gift.
 If it is stool land, it must be alienated by the chief with
the principal elders.
 If it is family land, it must be the HOF with the
principal members of the family.
 An individual can however make a gift of his property
without the consent of any person.
 Akunsah v. Botchway & Jei Farm Ltd.
Revocability
 Every gift under customary law when completed is
irrevocable.
 Ahmad v. Afriyie
 The exception however is in gifts between parent and
child or gifts between a person whose stands in loco
parentis and the child, which could be recalled or
exchanged at any time by the parent in his or her
lifetime, or by his will or dying declaration.
 Sese v. Sese
 Okai v. Okoe – donor revoked earlier gift to plaintiff by
her conduct.