Investigating the prevalence of Conflicting Land Court Judgments (CL-CJ):- Case study of Greater Accra

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Since the distant past, there has been a growing perception of increasing occurrences of seeming conflicting Land-Court Judgements (CL-CJ). Apart from resulting in prolonged conflicts, conflicting Land – Court Judgements also have adverse effects on implementation of land Administration and Management in Ghana. The causes of these could be varied. This study investigates some major causes and the prevalence of such conflicting land court judgements from respondents of the judiciary, land administration policy makers, land managers, professional surveyors, and private land owners. A purposive sampling approach, through the use of un-structured interview guide was used in administering of questionnaires and interviews. The data was quantitatively analysed through the use of Microsoft Excel tables and charts to interpret results. Potential causes of conflicting land-court judgements were categorised into six groups with their percentage frequencies, as inconsistent systems – 31%; undue influences – 11%; wrong documentation – 27%; un-researched professionals – 4%; wrong boundaries – 19%; and fake documentation – 8%. The prevalence of conflicting land-court judgements was found to be 44% of selected resolved land cases for the period of the study (1960-1999). An updatable geodatabase of land judgment information was developed and incorporated into a LandJudgment Information Management System (L-JIMS). A cartographic model developed was used to facilitate the prevention and detection of CL-CJ, it also helped in the review of already existing cases in the Lands records. The thesis recommends the use of cadastral plans for all land litigations and legal proceedings in the superior courts (high, appeal, and supreme), the use of specialised jury benches for land adjudication and the use of a Land Judgment Information Management System (LJIMS) to check judgements against existing ones prior to ruling or review.
A thesis submitted to The Department of Geomatic Engineering, Kwame Nkrumah University of Science and Technology in partial fulfilment of the requirements for the degree of Master of Science in Geomatic Engineering.