This article discusses the legal principles surrounding customary tenancies in Ghana, particularly focusing on the abunu and abusa systems. It analyzes the statement by Francois JSC in the case of Lamptey alias Nkpa v Fanyie, emphasizing the need for clear evidence when contracting out of customs. The article outlines the definitions and implications of customary law, the facts and decisions in the Lamptey case, and the contrasting views of the majority and minority opinions. It also references the Land Act 2020, which reflects modern interpretations of customary tenancies. Additionally, the article explains several legal maxims related to interests in land, including 'Nemo dat quod non habet' and 'In pari delicto potior est condition defendantis', providing insights into their significance in property law.
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