A protracted 11-year legal battle over a parcel of land at Dansoman has ended with a decisive ruling by the Supreme Court of Ghana, which unanimously affirmed ownership in favour of Alpha Beta Education Centre.
The 5–0 decision of the apex court effectively closes the dispute, as rulings of the Supreme Court are final under Article 129 of the 1992 Constitution of Ghana.
Legal Foundations of the Claim
According to the Business Manager of Alpha Beta Education Centre, Mr. John Adjepong, the institution lawfully acquired the land from the Adam Kwatei Family of Gbawe, which had earlier secured a judgment over the property in 2006.
Mr. Adjepong stated that the school complied with all statutory requirements under Ghana’s land laws, including registration processes with the Lands Commission.
Under the Land Act, 2020 (Act 1036), interests in land are required to be properly documented and registered to provide security of title and public notice of ownership. Failure to register an interest in land does not necessarily render it void, but registration strengthens enforceability and protects against competing claims.
In addition, the Land Title Registration Law (PNDCL 152), which previously governed registration in designated title registration districts such as parts of Accra, requires registration of title to confer indefeasibility, subject to limited exceptions such as fraud.
Court findings in 2021 reportedly held that Alpha Beta’s title was not fraudulently acquired — a crucial legal threshold, as fraud is one of the few grounds upon which registered title can be impeached.
Legal practitioners note that once a court determines that title was validly acquired and registered, competing equitable claims generally fail unless supported by stronger prior legal interests.
Litigation History
The dispute formally entered litigation in 2014, despite Alpha Beta’s claim that it had acquired and registered the land in accordance with the law.
The case progressed through the High Court and the Court of Appeal before reaching the Supreme Court. The apex court’s unanimous ruling signals strong judicial consensus on the evidentiary and legal foundations of Alpha Beta’s claim.
Under Ghanaian jurisprudence, concurrent findings of fact by lower courts are rarely disturbed by the Supreme Court unless substantial miscarriage of justice is demonstrated. The unanimous affirmation suggests the appellate court found no such miscarriage.
Enforcement and Alleged Land Guard Activity
Tensions resurfaced when Alpha Beta attempted to take possession of the land following the Supreme Court’s ruling.
Mr. Adjepong alleges that more than 100 individuals, described as land guards and associates, stormed the site. Police officers deployed to maintain order were reportedly confronted, and one officer sustained injuries.
The Land Act, 2020 (Act 1036), criminalises the use of land guards and related activities involving force, intimidation, or unlawful occupation of land. Offences under the Act may attract significant custodial sentences.
Security analysts say the enforcement phase of land litigation often presents the greatest flashpoint, particularly in Accra, where competing customary and private claims frequently overlap.
Allegations of Multiple Sales and Bona Fide Purchasers
Alpha Beta has also alleged that portions of the disputed land were sold to third parties without valid title.
This raises a recurring legal question in Ghanaian property disputes: the status of bona fide purchasers for value without notice.
Under Ghanaian law, a purchaser who acquires land in good faith, for value, and without notice of prior competing interests may be protected — but only where the seller had a valid transferable interest. If the seller lacked title entirely, subsequent purchasers generally acquire no better title than the seller possessed, under the legal principle nemo dat quod non habet (“one cannot give what one does not have”).
Affected buyers may therefore need to seek remedies against the persons who sold the land, rather than against the lawful title holder.
Broader Implications for Land Administration
The case highlights structural challenges within Ghana’s land administration system, including:
• Delays in litigation, which can span over a decade;
• Multiple competing claims rooted in customary ownership structures;
• Weak due diligence practices among private buyers;
• And enforcement challenges even after final judicial determination.
The Lands Commission, under Act 1036, is mandated to maintain reliable land records and prevent duplication of interests. However, legal experts argue that improved digitisation and public access to land information remain critical to reducing such disputes.
The Way Forward
With the Supreme Court’s decision now final, Alpha Beta Education Centre says it intends to proceed with its development plans while working 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 say the next phase — enforcement, protection of the property, and resolution of any third-party claims — will determine whether the long-running dispute is fully settled in practice as well as in law. Enditem
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