Land litigation makes up 52% of all cases in Ghana courts

 As Ghana struggles with housing, the most important resource needed to close the country’s housing gap – land, is also the resource surrounded by the most conflict.

Data from the Ghana Statistical Service says the country’s housing deficit stands at 1.8 million according to the 2021 Population and Housing Census, a 33 per cent reduction from the previous 2.8 million.

The Ghanaian judicial system is overwhelmed with cases, most of them land related litigation, making 52 per cent of all cases in court.

Making a presentation at the Fifth Conference on Land Policy in Africa (CLPA) Wednesday November 22, 2023, on the topic, “Breaking Land-Trade Related Barriers – A case for Alternative Dispute Resolution in Customary Land Administration in Ghana”, Dr Gad Asorwoe Akwensivie, who recently retired from the civil service after working at the Ministry of Lands and Natural Resources for many years, said the disturbing figure has been confirmed by the Ghana Bar Association, as well as the Ministry of Lands and Natural Resources and the Ghana Institution of Surveyors among others.

“These cases are clogging the judicial system, resulted in fatal clashes, denying investors access and slowing development,” he said.

He said currently the country is encouraging the use of alternative dispute resolution (ADR) mechanisms for resolving land conflicts.

He also said Ghana has customary land administrations to manage land in the country, adding that while ADR takes an average of 42 days to solve cases, except complicated ones that take some more time, it has been seen as a viable alternative to the court system.

He said the increase in land conflicts have been recorded in both urban and rural areas, but there are more ADR practitioners in the urban areas than the rural areas, and he urged that many more ADR practitioners should be trained in the rural areas to handle cases.

Dr Akwensivie also indicated that in most insatances ADR awards have been thrown out of court because they do not meet the requirements of the law and he attributed that to the fact that most ADR practitioners have no training in law.

He said it is important to build investor confidence in the land system, and increase sensitization of people and investors to take advantage of ADR instead of seeking redress in the law courts.

The CLPA which has been described as Africa’s most significant gathering in the field of land policy and governance convened by the African Union Commission (AUC), the African Development Bank (AfDB), and the United Nations Economic Commission for Africa is being held in the Ethiopian capital, Addis Ababa from November 21 to 24, 2023 and being attending in person and virtually by over 930 delegates.

The theme for the conference is “Promoting Sustainable Land Governance in Africa for Accelerated Implementation of the African Continental Free Trade Area.”

By Emmanuel K Dogbevi, in Addis Ababa, Ethiopia