Appeal Court judge slams weak enforcement of Land Act as land disputes dominate court cases

Ghana’s land disputes are worsening out of control, with over 70% of court cases tied to land litigation, yet the Land Act, 2020 (Act 1036) appears to be making little impact.

Justice Alexander Osei Tutu, a judge at the Court of Appeal, has strongly questioned the effectiveness of the law, citing poor enforcement and lack of public awareness as major obstacles to solving the crisis.

Speaking at the fifth edition of “The Law for Society” seminar in Accra, themed “Land Acquisition in Ghana: The Law, Policy, and Practice,” Justice Osei Tutu expressed disappointment over the government’s inability to implement key provisions of the Act, particularly its ban on land guard activities.

“I don’t see any significant progress with the Land Act. The very issues it sought to address are not only persisting but getting worse. Section 12 of the Act criminalizes land guard activities, yet they continue to operate freely.

How many people are even aware of this law? We don’t organise enough public education on it. A lot more needs to be done,”he lamented.

Justice Osei Tutu also blamed Ghana’s chaotic land system on multiple land ownership claims and the government’s flawed land disposal practices.

He pointed out that one piece of land is often sold to several buyers, leading to endless legal battles.

“One of the biggest problems is the identification of true landowners. A single piece of land can be sold to multiple people, creating confusion and disputes. Government acquisition of land is also a problem.

Public lands are taken for development projects, but when they are not used, instead of returning them to the original owners, they are sold to private investors,” he explained.