Abstract:
The recognition of custom and inevitably the chieftaincy institution in land management has been of great interests, and been indeed advocated for in Africa in recent times. These advocates have opined that within custom lies the ability to achieve equitable goals and most importantly a security of land rights.
Drawing on empirical evidence from Juaben in the Ashanti region of Ghana, this study tests the validity of this position. In so doing, it points out the limitations and constraints bestowed upon the ruled and the advantages created for the ruler through custom, and the chieftaincy institution.
The study gives an overview of the chieftaincy institution in Ghana, and the transitions it has gone through, and how this, together with its character impinges upon custom and thereby also impinging on the security of the access and user rights of community people.
It makes a case for the need to not glorify custom as a collective position, and the need for interference of the chieftaincy institution though with caution.
