Bibliography

‘Ownership’ of land in African customary tenure

There is much literature on the subject of land ‘ownership’ in African customary tenure, resulting, on the one hand, in a conflict of views, and, on the other hand, in confusion. This paper critically examines and appraises these conflicting views in order to find out whether the various views can be reconciled and to try to give explanation for the confusion. The subject is confined to the former British East and West African countries. Parts of the article: 1. Introduction – 2. Is there ‘Ownership’ in customary land law? – 3. Who owns land in African customary land law? (Ruler as owner; Is land owned corporately by tribe, clan or family?; Was there individual tenure in African customary law?; Has there been a co-existence of group tenure and individual tenure?; The view of the ‘evolutionary’ school; Have the Courts followed the evolutionary theory?) – Conclusion. German and French summary.

Title: ‘Ownership’ of land in African customary tenure
Author: Ochola, James Obol
Year: 1969
Periodical: Vierteljahresberichte
Issue: 38
Pages: 423-447
Language: English
Geographic term: English-speaking Africa
Abstract: There is much literature on the subject of land ‘ownership’ in African customary tenure, resulting, on the one hand, in a conflict of views, and, on the other hand, in confusion. This paper critically examines and appraises these conflicting views in order to find out whether the various views can be reconciled and to try to give explanation for the confusion. The subject is confined to the former British East and West African countries. Parts of the article: 1. Introduction – 2. Is there ‘Ownership’ in customary land law? – 3. Who owns land in African customary land law? (Ruler as owner; Is land owned corporately by tribe, clan or family?; Was there individual tenure in African customary law?; Has there been a co-existence of group tenure and individual tenure?; The view of the ‘evolutionary’ school; Have the Courts followed the evolutionary theory?) – Conclusion. German and French summary.