Land occupies a sacred yet paradoxical place in Ghanaian society. It is a source of identity, wealth, and social status, but also one of the most contentious and violently disputed resources in the country. For many Ghanaians, success is still measured by ownership of landed property. Ironically, this cultural and economic value has made land a fertile ground for fraud, violence, and injustice, leaving countless families vulnerable to exploitation and loss.
The Land Act, 2020 (Act 1036) was a bold and necessary intervention to address these systemic challenges. It consolidated and repealed outdated statutes, harmonized customary and statutory regimes, and clarified land interests such as allodial title, customary freehold, usufructuary interest, leasehold, and customary tenancy (Sections 2–7). The Act introduced critical safeguards, including prohibiting freehold interests in stool, skin, clan, and family lands (Section 9), limiting foreign ownership to leaseholds of fifty years (Section 10), and imposing fiduciary duties on customary land managers supported by Customary Land Secretariats (Sections 13–18). It also strengthened security through measures such as criminalizing land guards (Section 12), regulating leaseholds (Section 50), and protecting spousal rights (Sections 38 and 47). Section 277(2) further criminalizes multiple sales of the same land, prescribing fines and imprisonment for offenders.
In principle, Act 1036 represents one of Ghana’s most progressive land reforms. In practice, however, its promise risks being hollowed out by weak enforcement. This article calls on the Attorney-General to exercise prosecutorial leadership by enforcing these provisions decisively, not only to curb fraud and violence but also to improve investor confidence and safeguard property rights guaranteed under Articles 18, 22, and 28 of the 1992 Constitution. Without visible consequences for offenders, the law remains a well-drafted statute with little real-world impact. This article examines key amendments introduced by the Land Act, 2020 (Act 1036) and highlights the critical need to enforce its provisions. The objective is to curb the practice of multiple land sales and address the menace of land guards, thereby safeguarding property rights and enhancing investor confidence in Ghana’s legal system.
Multiple Sales of Land, Criminalized, Yet Persistent
One of the most harmful practices in Ghana’s land administration system is the repeated sale or grant of the same parcel of land to multiple buyers. This practice has financially devastated families, sparked violent confrontations, and clogged the courts with endless litigation. To address this menace, the Land Act, 2020 (Act 1036) makes such conduct a criminal offence under Section 277(2), which prohibits granting land without title, granting land without authority, or making conflicting grants of the same land to more than one person. Offenders face fines, imprisonment, or both upon summary conviction. The law is clear and uncompromising.
Yet enforcement remains weak, and the reality on the ground is troubling. It is worth noting that there are many land disputes in the various regions across Ghana but for the purposes of this article, we shall use just a few. In areas like Nungua Stool lands, overlapping grants by rival factions have fueled decades-long disputes despite repeated litigation. In Kasoa, rapid urbanization has created fertile ground for speculative and fraudulent transactions, leaving unsuspecting buyers to discover that their “lawfully acquired” plots have been sold multiple times. Similar patterns persist in East Legon Hills, Prampram, and peri-urban Kumasi, where rising land values outpace the state’s capacity or willingness to enforce the law.
These are not isolated cases but symptoms of systemic failure. Offenders operate with confidence that criminal sanctions will never materialize. The problem is not the absence of legislation but the absence of visible consequences. Until enforcement becomes swift and certain, Act 1036 will remain a bold reform undermined by weak implementation.
Land Litigation, Delay, and the Failure of Deterrence
Statistics from judicial commentary, court observations, and academic research consistently reveal that land cases constitute majority of civil cases pending before Ghanaian courts. Even more troubling is the duration of these disputes. It is not uncommon for land cases to last five to ten years, with some stretching over a decade due to interlocutory applications, appeals, missing records, and procedural delays.
For the ordinary Ghanaian who has invested life savings into land, this delay is not merely inconvenient, it is devastating. Many litigants abandon their claims midway due to cost, frustration, or fear. Others resort to self-help, hiring land guards or engaging in violent confrontations. In such circumstances, the strongest not the lawful often prevail.
The slow grind of justice effectively neutralizes the deterrent purpose of Section 277(2). When offenders know that prosecution is unlikely and that victims will be trapped in endless civil litigation, the incentive to comply with the law disappears.
Selected examples of Land cases that have lasted a decade
Nii Aryeetey v Nii Otintor & Ors [2010] SCGLR was a long-standing dispute over Ga land ownership, where upon Appeal the Supreme Court had to intervene after lower courts repeatedly ignored customary evidence, raising complexity of judicial consistency in land matters.
Similarly, Dora Boateng v McKeown Investment Ltd (2020) JELR 80037 (SC) involved a Swiss-based purchaser who acquired 20 acres in 2000 but faced rival claims years later. The Supreme Court ultimately ruled in her favor, exposing systemic flaws in Ghana’s land registration and the prevalence of multiple sales. In Agri-Cattle Lakeside Estate Ltd v Tassah Tapha Tassah & Ors [2025] SCGLR, a decades-long battle over 2,911.53 acres at Katamanso culminated in the Supreme Court restoring Agri-Cattle Lakeside Estate’s ownership, reversing an appellate decision and affirming earlier High Court rulings.
Finally, Boi Stool & 13 Ors v DanieL Addoquaye Addo & Ors [2023] SCGLR represents one of Ghana’s most protracted land litigations, spanning over 40 years and involving 72,000 acres in Greater Accra. The Supreme Court ruled in favour of Boi Stool, ordering the cancellation of disputed title registrations while safeguarding current occupants.
In Adu v. Kyeremeh, the matter lingered in the courts for an astonishing 26 years. Commenting on this, Adade J.S.C. lamented that “It is a serious indictment on the administration of justice in this country that a case of such simple dimensions should take as long as 26 years to see itself through the courts.” Similarly, the case of Agyemang, substituted by Banahene & Others v. Anane, spanned approximately 40 years before reaching its conclusion. Another example is Abba v Nframa, Supreme Court, 30 November 1981 (unreported), which took about 12 years to be completed. These cases underscore the systemic delays that often plague land litigation, highlighting the urgent need for reforms to ensure timely adjudication.
Land Guards and the Normalization of Lawlessness
The criminalization of land guards under Section 12 of the Land Act, 2020 (Act 1036) was a long-overdue response to a practice that had become dangerously normalized. Land guards thrive where state authority is weak and judicial remedies are slow or ineffective. In communities such as Kasoa, Prampram, Ada, and parts of Greater Accra, their presence is often seen as a routine feature of land ownership rather than a criminal anomaly. Their operations are sometimes openly linked to rival stools, families, or private developers, yet enforcement remains sporadic and inconsistent.
Years after the passage of Act 1036, land guards continue to operate with near impunity. Arrests are rare, prosecutions even rarer, and convictions almost non-existent. This sends a troubling message, violence may succeed where legality fails. Such a reality undermines not only the rule of law but also investor confidence. Investors, local and foreign, do not judge a legal framework by its text alone; they assess whether rights can be enforced promptly, predictably, and safely. A land market plagued by violence, multiple sales, and endless litigation is fundamentally unattractive to serious investment.
A Call to Action for the Attorney-General
The Land Act, 2020 (Act 1036) assigns the Attorney-General a critical mandate, to transform the law from text into tangible impact through decisive prosecution and enforcement. This responsibility must now be exercised boldly. To achieve this, the Attorney-General should prioritize prosecutions under Section 277(2) to curb multiple land sales, particularly in hotspots such as Nungua, Kasoa, and East Legon Hills; rigorously enforce Section 12 against land guards and those who finance or deploy them; treat land-related offences as serious economic and public order crimes rather than mere private disputes; and send a clear message that land fraud and violence will attract swift and meaningful punishment. Without strong prosecutorial leadership, Act 1036 risks remaining a well-drafted statute with little practical effect. Visible and consistent enforcement is the only way to restore confidence in Ghana’s land administration system and uphold the rule of law.
Recommendations for Strengthening Land Dispute Resolution and Fraud Prevention
Increase the Number of Land Courts
The growing complexity and volume of land-related disputes require specialized attention. Establishing additional Land Courts across regions will help expedite case resolution, reduce backlog, and ensure that land litigation is handled by judges with expertise in property law. This will enhance public confidence in the judicial system and promote fairness in land administration.
Civil Division of the Attorney-General’s Department and Legal Aid Involvement
Many individuals affected by land disputes lack the financial capacity to pursue justice. The Civil Division of the Attorney-General’s Department should consider taking up some of these cases, particularly those involving vulnerable groups. Additionally, Legal Aid services should be strengthened and made accessible to ensure that justice is not limited to those who can afford it.
Educate the public on Property Fraud Unit within Ghana Police Service
Land and property fraud is rising nationwide, with cases involving forged documents, multiple sales of the same land, unlawful evictions, and scams that deceive buyers and rightful owners, causing financial loss and long disputes. To address this, the Ghana Police Service has set up a specialized Property Fraud Unit (PFU) to investigate and prosecute such crimes, working closely with the Lands Commission, traditional authorities, and other agencies. The public must stay alert, as many victims only detect fraud after paying or starting development. Everyone is advised to verify documents with the Lands Commission before payment, beware of suspiciously low prices or rushed deals, insist on proper receipts and identification, avoid undocumented cash payments, and report any suspicious land transactions to the PFU.
Set Up Complaint Units at District Police Stations
To make reporting easier and more efficient, every district police station should have a designated complaint unit for land-related issues. This will provide a first point of contact for victims, ensure timely documentation of complaints, and facilitate quick referrals to the appropriate investigative bodies. Such units will also help in gathering data for policy formulation and crime prevention strategies**.**
Conclusion
The Land Act, 2020 (Act 1036) was enacted to cure deep-rooted defects in Ghana’s land administration system. It modernized tenure, strengthened protections, and criminalized long-standing abuses. Yet, as Blaise Pascal put it, “Justice without force is powerless; force without justice is tyrannical.” No matter how progressive, a law is only as effective as its enforcement. In a country where land ownership symbolizes success, dignity, and security, failure to enforce land laws is not merely a legal lapse, it is a moral one. When citizens lose land through fraud and violence, and when justice takes a decade to arrive, public faith in the legal system erodes.
If Act 1036 is to fulfil its promise, enforcement must become the norm rather than the exception. The Attorney-General, the Judiciary, law enforcement agencies, and the legal profession must act in concert to restore confidence in Ghana’s land regime. As the saying often attributed to Abraham Lincoln goes, “The best way to get a bad law repealed is to enforce it strictly.” Until enforcement becomes visible and consistent, land will remain both a badge of success and a battleground of sorrow and the noble intentions of Act 1036 will remain unrealized.
Written by Sophia Kafui Teye (CGMA, CA, MBA,BSC,LLB)
