GIMPA LAW SCHOOL

LAW 109B: IMMOVABLE PROPERTY LAW I

1ST TUTORIAL QUESTIONS

1. “Ownership is a concept which embraces two ideas namely; Possession and Title”. With
the aid of decided cases discuss the accuracy of this statement.

2. The doctrine of no ownerless lands in Ghana was pronounced by Ollennu as follows:

“the first principle of our customary law is that there is no land in Ghana without an
owner. Every inch of land in Ghana is vested in somebody”. Explain why Justice
Kludze’s critic of the concept of ownerless land is justified in modern times.

3. Ollennu asserts that the individual can never acquire the allodial interest, following the
decision in Amodu Tijani v. Secretary, Government of Southern Nigeria (per
Rayner C. J.) which held that: “The next fact which is important to bear in mind in
order to understand the native land law is that the notion of individual ownership [of
land] is quite foreign to native ideas. Land belongs to the community, the village or the
family, never to the individual. …” Do you agree with Ollennu and the decision in
Amodu Tijani v. Secretary, Government of Southern Nigeria (per Rayner C. J)

4. The decision in Ohimen v Adjei in regards to acquisition of the allodial title is now
constitutionally untenable. Do you agree with the above statement?

5. In 2002, the Government of Ghana compulsorily acquired large tracks of land from a
number of stools within the Afram plains for the Ghana Capital Resettlement Scheme
(GCRS). In 2012, the state began leasing portions of the land to private corporations as
part of the GCRS project. The Abodam stool, one of the affected stools promptly sued
the state arguing that as holder of the allodial title, its consent was required for valid
grants of lands within the GCRS zones.
Explain to Abodam stool why it is no longer in possession of the allodial title.

6. Even though the Allodial Title is the most paramount interest in land in Ghana today, one
may lose it through abandonment, forfeiture or failure of succession. Illustrate with
decided cases.

7. One cannot separate the usufructuary interest from the allodial title because the two
interests in land perpetually co-exist.
To what extent is this statement true?

8. Obrafuor was adopted by Sarkodie’s family .Sarkodie’s family are members of Shata
stool. They occupy a land passed onto them by their predecessors. All other members of
Sarkodie’s family are dead except Obrafuor. Obrafuor inherited the family land of
Sarkodie which has been resisted by Kwadee. Kwadee’s argument is that, Obrafuor not
being a blood descendant from Sarkodie’s family cannot inherit lands belonging to
Sarkodie and that Sarkodie’s lands must revert to Shata stool. Do you agree with
Kwadee?
9. The holder of customary law interest in land has exclusive possession and use not even
the allodial interest holder can disturb the use of such land. Discuss

10. Loyalty to the allodial owner is a condition precedent to holding the customary law
freehold interest.
Explain why the above statement is true or otherwise.

11. Contrast the decisions in Oblee v. Armah (1958) 3 WALR 484 and Amatei v. Hammond