The Supreme Court of Ghana has delivered a unanimous judgment affirming Alpha Beta Education Centre’s ownership of a disputed parcel of land at Dansoman, bringing an 11-year legal battle to a definitive close.
In a 5–0 decision, the apex court ruled in favour of the educational institution, with the judgment now final and unappealable under Article 129 of the 1992 Constitution.
How the School Acquired the Land
According to Mr. John Adjepong, Business Manager of Alpha Beta Education Centre, the institution followed due process in acquiring the land from the Adam Kwatei Family of Gbawe, who had themselves obtained a court judgment affirming their ownership in 2006.
The school completed all statutory requirements, including registration with the Lands Commission – a critical step under Ghana’s land laws.
Legal experts explain that under the Land Act, 2020 (Act 1036), proper documentation and registration provide security of title and public notice of ownership. While failing to register an interest does not automatically void it, registration significantly strengthens enforceability and protects against competing claims.
The Land Title Registration Law (PNDCL 152), which previously governed registration in parts of Accra, requires registration to confer indefeasibility of title, with exceptions only in cases such as fraud.
Notably, court findings in 2021 established that Alpha Beta’s title was acquired without fraud – a crucial determination, as fraud remains one of the few grounds for challenging registered ownership.
The Long Road to Justice
The dispute first entered the courts in 2014, despite Alpha Beta’s assertion that it had lawfully acquired and registered the land years earlier. The case travelled through the High Court and Court of Appeal before reaching the Supreme Court.
The unanimous nature of the apex court’s ruling indicates strong judicial consensus on the evidence supporting Alpha Beta’s claim. Under Ghanaian legal practice, the Supreme Court rarely disturbs concurrent findings of fact by lower courts unless a substantial miscarriage of justice is demonstrated.
Tensions During Enforcement
Following the Supreme Court’s ruling, tensions flared when Alpha Beta moved to take physical possession of the property.
Mr. Adjepong alleges that over 100 individuals, described as land guards and their associates, stormed the site. Police officers deployed to maintain order were reportedly confronted, with one officer sustaining injuries.
The Land Act, 2020 (Act 1036) explicitly criminalises land guard activities involving force, intimidation, or unlawful occupation, with offenders facing significant prison sentences.
Security analysts note that the enforcement phase of land litigation often proves most volatile, particularly in Accra where overlapping customary and private claims create complex ownership landscapes.
Questions Over Multiple Sales
Alpha Beta has further alleged that portions of the land were sold to unsuspecting third parties without valid title.
This scenario raises the legal question of bona fide purchasers for value without notice. Under Ghanaian law, buyers who acquire land in good faith, for value, and without knowledge of prior competing interests may receive protection – but only if the seller actually possessed a valid transferable interest.
Where a seller lacked title entirely, subsequent purchasers generally acquire no better right than the seller held, following the principle “nemo dat quod non habet” (one cannot give what one does not have). Affected buyers may need to pursue legal remedies against those who sold them the land, rather than against the lawful title holder.
Systemic Challenges Exposed
The protracted dispute highlights persistent challenges within Ghana’s land administration framework, including:
· Litigation that can stretch over a decade
· Multiple competing claims rooted in customary ownership structures
· Inadequate due diligence by private purchasers
· Enforcement difficulties even after final court determinations
The Lands Commission, operating under Act 1036, is mandated to maintain reliable land records and prevent interest duplication. However, legal practitioners argue that accelerated digitisation and improved public access to land information remain essential for reducing future disputes.
Moving Forward
With the legal question of ownership now settled, Alpha Beta Education Centre intends to proceed with its development plans while collaborating with law enforcement to secure the property.
“The courts have conclusively determined ownership. We will move forward strictly within the confines of the law,” Mr. Adjepong stated.
Legal observers suggest that the coming months – involving enforcement, property protection, and resolution of third-party claims – will determine whether this long-running dispute achieves final resolution in practice as well as in law.
