A High Court Judge, His Lordship, Justice Alexander Osei Tutu, has condemned the practice whereby some persons storm construction sites to demand 'digging fee' from land developers.
Speaking on The Law, Sunday, Justice Alexander Osei Tutu noted that it is unlawful for anyone to demand 'digging fee' from builders.
“The law has some rights attached to them, they are implied. One of the implied covenants which the law provides is that the grantor is supposed to give the grantee quiet enjoyment of the land. That means that for the period that the person will be on the land, you will not disturb him and his occupation of the land.
“So in this context, after alienating the land to a grantee, I do not see the authority that the grantor has to turn around to say that I am demanding this and that from you. In my view, it is illegal,” he said.
The topic for discussion was, "Essential themes in Land Law: How to acquire and secure land."
Justice Osei Tutu explained that any individual who faces such threats can obtain a restraining order from the court to prevent persons who demand the digging fee from accessing their land.
“And now you can go to court and get a restraining order which is different from the normal interlocutory injunction. So you can get a restraining order stopping them from coming unto the land and you can continue with your development,” he told Samson Lardy Anyenini.
According to Justice Osei Tutu, the law now criminalises such demands.
“The person can also report them to the police, it is now criminalised and it is a criminal offense. It is punishable summarily between 10 -15 years," he added.
Latest Stories
-
All set for Joy FM Prayer Summit for Peace 2024
4 mins -
Managing Prediabetes with the Help of a Dietitian
23 mins -
Joy FM listeners criticise Achiase Commanding Officer’s election comment
44 mins -
Legal Aid Commission employees threaten strike over poor working conditions
46 mins -
Ghana ranked 7th globally as biggest beneficiary of World Bank funding
56 mins -
IMF board to disburse $360m to Ghana in December after third review
1 hour -
Former Bono Regional NPP organiser donates 13 motorbikes to 12 constituencies
1 hour -
Securities industry: Assets under management estimated at GH¢81.7bn in quarter 3, 2024
1 hour -
Gold Fields Ghana Foundation challenges graduates to maximise benefits of community apprenticeship programme
3 hours -
GBC accuses Deputy Information Minister Sylvester Tetteh of demolishing its bungalow illegally
3 hours -
Boost for education as government commissions 80 projects
3 hours -
NAPO commissions library to honour Atta-Mills’ memory
3 hours -
OmniBSIC Bank champions health and wellness with thriving community walk
3 hours -
Kora Wearables unveils Neo: The Ultimate Smartwatch for Ghana’s tech-savvy and health-conscious users
3 hours -
NDC supports Dampare’s ‘no guns at polling stations’ directive
3 hours