The Right to Property and the Principle of Justifiable Interference: The Ghanaian Perspective

Abstract

A property right is the exclusive authority to determine how a resource is used i.e. whether the resource is owned by government or individually. Private property rights allow the exclusivity of rights to choose the use of a resource, the exclusivity of rights to the services of the resources and the right to exchange the resource at mutually agreeable terms. Ghana classifies the right to property as a fundamental right equal in rank and stature to such other rights as the right to life, expression, speech, religion and as a primary tool in the effort to resist distributive governmental measures. They in truth embody all other rights without which other rights may not be effectively enjoyed. The laws of Ghana expressly provide for certain economic and property rights which are enforceable and justiciable by the courts of Ghana. These laws generally enable the holder of the right to own, acquire (either through purchase, gift, or inheritance), manage, enjoy, and dispose of tangible and intangible property, including land, house, money, bank accounts and other assets, livestock, and crops. In as much as the right to property in Ghana is guaranteed, there are instances where the law allows justifiable interference with a person’s property rights. This paper gives a general overview of the protection of the right to property in Ghana, in all its manifestations, and further considers how this fundamental right can be lawfully interfered with under law.