CONTRACT UNDER CUSTOMARY LAW AND TENANCY

Abstract

This paper examines the intersection between contracts under customary law and tenancy in Ghana, exploring the challenges and opportunities in achieving sustainable development within the country. Adopting a doctrinal and case study approach, the research utilizes content analysis of relevant case law and statutes to collect data. The paper argues that significant challenges exist in the implementation and enforcement of contracts under customary law, especially in relation to tenancy agreements, where conflicts over contract terms frequently arise. These challenges are often due to the variability in customary law practices and the lack of a formal legal framework.

However, the study also highlights several opportunities, such as the recognition of customary land tenure systems, the increasing use of alternative dispute resolution mechanisms, and the promotion of public participation in decision-making processes. Based on these arguments, the paper concludes that there is a need for a more coordinated and integrated approach to the regulation of contracts under customary law and tenancy in Ghana. The study recommends adopting a holistic approach that aligns customary practices with statutory law to improve enforcement, reduce conflicts, and contribute to sustainable development.

Keywords: Contract, Customary Law, Development, Conflict, Agreement, Tenancy, Interest and dispute