His Lordship, Justice Alexander Osei Tutu, a High Court Judge, has criticised the behavior of certain people storming construction sites to demand a 'digging fee' from land developers.
Justice Alexander Osei Tutu, speaking on The Law on Sunday, stated that it is illegal for anybody to seek a 'digging fee' from builders.
"There are rights related to the law, but they are implied." The grantor is supposed to offer the grantee tranquil enjoyment of the property, which is one of the implicit covenants provided by the law. That you will not disrupt the individual or his occupation of the land throughout the time he will be on the land. "So, after alienating the land to a grantee, I don't think the grantor has the ability to come around and say, 'I'm asking this and that from you.'" It is, in my opinion, unlawful," he stated.
"Essential topics in Land Law: How to Acquire and Secure Land" was the topic of discussion.
Anyone facing such threats, according to Justice Osei Tutu, can seek a restraining order from the court to prohibit those demanding the digging fee from entering their property.
"And now you can go to court and receive a restraining order, which is not the same as an interlocutory injunction." So you may acquire a restraining order to keep them off the land and proceed with your development," he advised Samson Lardy Anyenini.
According to Justice Osei Tutu, such demands are now illegal.
"The person can also denounce them to the authorities; it has now been criminalized and is a crime." It carries a sentence of 10 to 15 years in prison," he warned.So you may acquire a restraining order to keep them off the land and proceed with your development," he advised Samson Lardy Anyenini.
According to Justice Osei Tutu, such demands are now illegal.
"The person can also denounce them to the authorities; it has now been criminalized and is a crime." It carries a sentence of 10 to 15 years in prison," he warned.
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