In Ghana, about 85% of all civil cases reported annually at the courts constitute land cases. Even though not all the land cases are reported when they are adjudicated, there are landmark cases that inform the decisions of the lower courts and provide reference to courts of similar higher jurisdictions.
The Service has observed that with the increasing number of land cases reported at the courts, litigants and lawyers, recognizing that decisions of the courts may not be favourable, resort to either changing the parties to the suits and filing at a court of similar jurisdiction or duplicate the same case under a different category of land case eg. Stool lands, investment related etc.
This worrying trend creates an issue of conflicting judgments in the courts and contributes to creating backlog of land cases which unduly locks up lands that could otherwise have been used for investment and social development purposes, in the books of the courts.
This report on land cases is expected to be a source of reference document that catalogues decided landmark land cases at the Superior Courts (High Courts, Appeal Court and the Supreme Court) of the Judiciary for both the Bench and the Bar as well as students of legal studies.
The cases published in these specialized reports of land cases are those deemed to be of significant legal interest, i.e. they are cases which create a new precedent, or which modify, or which clarify, an existing principle of the practice of land law in Ghana.
It is expected that this report will provide a basis of documentation for the detection of multiple filed land cases.