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Multiplicity of judgments on land and its effect on land administration – Site Plans as part of pleadings and setting up of list units in the courts

Source: Mrs Joyce Attah-Gyamfi (Esq.)

Multiplicity of judgments on land and its effect on land administration – Site Plans as part of pleadings and setting up of list units in the courts
MarryRight Ghana

Introduction

The Courts create new legal interests and oft times conflicting interests in land whenever it declares a party an adjudged owner of a piece of land. Since the late 18th Century, various interests created by legal instruments such as Executive Instruments, land documents and judgments have been recorded at the Deeds Registry and in the records of the Lands Commission through plotting and issuance of land certificates under title registration. The rules of Court enable land suits to commence without recourse to parties who may hold prior legal interests in such lands. The Courts cannot be faulted as they perform their judicial duties by determining per the preponderance of probabilities the rights between or among litigants in each suit.

The principle of ‘res judicata’ have been held by the Courts as an avenue by which parties bring prior adjudged cases on a particular land to its notice. However, without a search conducted with the aid of an accurate scientific site plan persons who have prior legal interests in such lands cannot be revealed and joined as parties to a suit. Until the rules enable the Courts to put in a search process, so that prior legal owners have notice of suits connected to their lands, Courts would continue to create multiple ‘owners’ of lands through judgements

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