Jurisdiction

THE CIRCUIT COURT’S JURISDICTION IN GHANAIAN LAND DISPUTES: A JURISDICTION AT LARGE. BY HER HONOUR JUDGE SEDINAM AWO KWADAM (Mrs.), CIRCUIT COURT 2, ADENTAN-ACCRA, 18th March, 2024.    TABLE OF CONTENTS: Abstract Introduction I. The Question of Jurisdiction ● The Recurring Jurisdictional Challenge ● Focus of the Paper II. The Relevant Law ● Section 42(1)(a) of Act 459 ● Regulation 2 of L.I. 2429 ● The Conflicting Interpretations III. Appreciation of the Relevant Laws ● The Concept of Jurisdiction ● Analysis of Section 42(1)(a)(iii) of Act 459 and the Impact of Regulation 2 of L.I. 2429 ● Judicial Precedents IV. Conclusion ● The True Position of the Law ● Recommendations   ABSTRACT This paper delves into a persistent misconception surrounding the Circuit Court’s jurisdiction in land disputes within Ghana. A prevailing assumption among litigants and legal practitioners posits that the Circuit Court’s jurisdiction in land disputes is circumscribed by a GHC2,000,000.00 (Two Million Ghana Cedis) valuation cap on the disputed land. Through a meticulous examination of relevant Ghanaian statutory provisions, specifically Section 42(1)(a) of Act 459[1] and Regulation 2 of L.I 2429[2]; this paper challenges the widely held assumption. By providing a comprehensive legal analysis, the paper demonstrates unequivocally that the Circuit Court’s jurisdiction in land matters is, in fact, unlimited, irrespective of the value of the land. This paper aims to rectify the ongoing misinterpretation and misapplication of jurisdictional principles in land disputes in the Circuit Court, offering clarity and guidance to litigants, legal practitioners, and the judiciary.   INTRODUCTION Land disputes have consistently occupied a substantial portion of the case load in Circuit Courts across Ghana. A recurring and contentious issue that has plagued the efficient resolution of these cases is the question of the jurisdictional limit imposed on the Circuit Court’s authority to adjudicate land disputes. Specifically, there exists a prevalent misconception that the Circuit Court’s jurisdiction is restrained by a monetary threshold of GHC2,000,000.00 (Two Million Ghana Cedis), such that land disputes exceeding this value fall outside its purview. This erroneous interpretation has engendered significant delays, unnecessary costs, and protracted litigation, thereby undermining the expeditious dispensation of justice[3]. This paper seeks to exorcize the misconception through a rigorous examination of the relevant statutory provisions and a critical analysis of pertinent case law. The central inquiry of this paper is whether or not the jurisdiction of the Circuit Court in land disputes is indeed constrained by a value cap of GHC2,000,000.00 (Two Million Ghana Cedis). It is the contention of this paper that the Circuit Court’s jurisdiction in such matters is, in fact, unrestricted, at large, and that the prevailing misconception is devoid of legal foundation. By elucidating the true scope of the Circuit Court’s jurisdiction in land disputes, this paper aims to contribute to the development of a more efficient and effective resolution of land disputes in Ghanaian Circuit Courts.   THE QUESTION OF JURISDICTION A Recurring Jurisdictional Challenge As a Circuit Court judge with over four years’ experience, I have frequently encountered jurisdictional challenges in land disputes. These disputes are often centered on the assertion that the value of the said land exceeds a GHC2,000,000.00 (Two Million Ghana Cedis) jurisdictional limit. Some counsel argue that this monetary cap comprehensively restricts the Circuit Court’s jurisdiction in land disputes. Undoubtedly, parties retain the right, whether during the initial proceedings or even on Appeal, to raise the issue of jurisdiction for adjudication[4]. A wealth of judicial precedents firmly establish that jurisdiction lies at the core of every dispute, profoundly impacting the ultimate validity of its outcome. In consequence, when a party invokes the question of jurisdiction in a lawsuit, all other matters recede, and the resolution of this pivotal issue becomes the central focus through which the Judicial lens scrutinizes the suit[5]. Focus of this paper Now, to focus this paper, the jurisdictional inquiry will be confined to the specific question of whether or not the value of the disputed land determines the Circuit Court’s jurisdiction in land disputes. A common procedural tactic in Circuit Court land disputes involves the defendant, upon receipt of the Writ of Summons and Statement of Claim, filing an Application on Notice seeking dismissal of the suit. This Application is often predicated on the defendant’s assertion that the value of the disputed land exceeds GHC2,000,000.00 (Two Million Ghana Cedis), thereby exceeding the purported jurisdictional limit of the Circuit Court. Essentially, the defence contends that the Circuit Court lacks jurisdiction over land disputes involving land valued above this threshold. The defence bases its Application on an interpretation of Section 42(1)(a) of Act 459, as amended by Regulation 2 of L.I 2429. Counsel for the defence argue that a conjunctive reading of these provisions imposes a monetary cap of GHC2,000,000.00 (Two Million Ghana Cedis) on the Circuit Court’s jurisdiction, including actions pertaining to land ownership, possession, occupation, or title determination. In essence, the recurring argument advanced by the defence is that the Circuit Court lacks jurisdiction to adjudicate the land dispute given that the value of the land surpasses the purported GHC2,000,000.00 (Two Million Ghana Cedis) threshold. I firmly believe that many of my colleague Circuit Court Judges across Ghana can corroborate the frequent occurrence of jurisdictional challenges in land disputes, particularly those involving lands valued above GHC2,000,000.00 (Two Million Ghana Cedis). This challenge has resulted in a demonstrable and unwarranted imposition of financial burden on litigants, waste of judicial resources, and a counterproductive diversion of legal expertise. Moreover, it has engendered a superfluous academic discourse and ultimately constitutes a moot point for legal practitioners. The repetitive nature of this issue within our Circuit Courts has necessitated this paper. My sincerest hope therefore is that this impartial and comprehensive analysis of the relevant legal provisions governing the Circuit Court’s jurisdiction in land matters will definitively resolve the jurisdictional question. I respectfully submit that the existing legal framework is unambiguous and provides clear guidance on this issue.   THE RELEVANT LAW Section 42(1)(a) of Act 459 Section 42(1)(a) of Act 459 reads; The civil jurisdiction