Basic rule was stated in the case of: Bruce v. Quarnor,
“A conveyance of land made in accordance with customary law is effective from the moment it is made. A deed subsequently executed by the grantor for the grantee may add to, but it cannot take from the effect of the grant.”
Because customary law did not know writing, ceremonies were usually performed in the presence of witnesses to show the conclusion of the transaction relating transfer of land.
For the transfer of land by sale, Sasraku v. David suggested that “Guaha” is the ceremony among the Gas and its equivalent in Ashanti is “Tramma”.
In Tei Angmor v. Yiadom III, Korsah CJ stated as follows:
“In order to conclude a contract for the sale of land at native customary law certain ceremonies have to be performed before ownership in the land can be transferred to a purchaser. That custom is known as the “Guaha” custom (for personal property the custom is “tramma”.) After conclusion of the negotiations, if the parties intend the ownership to pass from the vendor to the purchaser, they agree on a date when the customary ceremony will be performed. They then invite witnesses for the purpose, and proceed to the land. There representatives of each party collect some twigs or branches of trees on the land, and come before the witnesses. The parties face each other, the vendor holding one end and the purchaser the other end of the twigs or branches. They then declare the purpose of the ceremony, i.e. that the contract of sale is now being finally concluded, and they break the twigs into two. After this the witnesses receive witness fees, and this concludes the ceremony.”
Gift was considered in Ahmed v. Afriyie, the court indicated that two requirements must be satisfied to validate a gift:
⦁ Must be made in public before witnesses; and
⦁ Donee must accept.
In Yoguo v. Agyekum, the Supreme Court (with Ollennu JSC) stated that there must be:
⦁ Ceremony of transfer of the property;
⦁ Publication to the living and the dead that ownership has passed from the donor to the donee;
⦁ Pouring of libation; and
⦁ Aseda indicating acceptance of a gift of land.