ADMINISTRATION OF LANDS ACT - 1962, (ACT 123)

Section - 5 - Grant of Lease of Land in Kumasi

(1) The President may, subject to the provisions of this Act, grant to any person owing allegiance to the Asantehene one lease, at a nominal rent of one shilling per annum, of one vacant plot of land for residential purposes only, in any area within the boundaries of the Kumasi town lands described in the Schedule to this Act, and comprising land held in trust for the Golden Stool and the Kumasi traditional area. Any such plot, including a plot granted under an enactment repealed by this Act, is called a "free plot".

(2) The lessee may, with the previous consent in writing of the Minister, assign his free plot to any other person owing such allegiance but shall not, except as provided in subsection (3) of this section assign it to any other person.

(3) The lessee may, with the previous consent in writing of the Minister, mortgage or sub-let his free plot to any person.

(4) The lessee shall not assign or mortgage a part only of his free plot.

(5) Any assignment, transfer, sub-letting or mortgage made in contravention of subsections (2), (3) or (4) of this section shall be void.

(6) Any contravention of this section by the holder of a free plot or any unauthorised dealing with the same shall entail its forfeiture, and thereupon the holder's right to the plot may be determined by the Minister by a notice in writing.

(7) The number of free plots held under the provisions of this section shall not exceed ten per centum of the plots available in any approved lay-out.

(8) For the purposes of this Act, a person shall be regarded as owing allegiance to the Asantehene if he owes such allegiance by customary law, either directly or through the Chief of one of the Kumasi clans, including a Divisional Chief of Ashanti and a Kumasi Subordinate Stool, but not any person serving or owing allegiance to such Divisional Chief.

(9) A certificate under the hand of the Asantehene or of some person nominated by him in writing in that behalf certifying either that a specified person does or does not owe allegiance to the Asantehene shall be conclusive evidence of the fact so certified.

(10) The President may, subject to the provisions of this Act, grant a lease to any person other than a person owing allegiance to the Asantehene.