The practise where some individuals randomly storm construction sites and extort money they describe as a “digging fee” from ingenuous landowners and developers is illegal, according to a High Court Judge, His Lordship, Justice Alexander Osei Tutu.
Justice Alexander Osei Tutu explained on JoyNews’ The Law that once a land is leased out to an entity, the law presumes that the allodial owner of the property allows the leasee uninterrupted access until the agreement expires.
“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.â€
He added that anyone who has fallen victim to these illegal activities can file for a restraining order to ensure they are solidly protected by law and thus prevent such persons from their properties.
“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 noted.
Justice Osei Tutu then, Justice Osei Tutu urged everyone to report any occurrences of this nature.
“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.
Source: The Independent Ghana