• I am the Street Lawyer (Hardcover)

    In this book, the author chronicles his perilous journey to becoming a household name in legal practice in Ghana, by sharing stories from the Victims’ perspectives.

    His simple practice of the law demystified the revered and mysterious legal profession.

    He became so common and accessible to the poor and most vulnerable victims of varied violations of our dysfunctional system, much to the annoyance of the true owners of the law profession; the Law Lords.

    Moved by compassion, he led and represented several victims of rape, defilement, Military brutality, Police abuse and extrajudicial killings, religious and political abuses to navigate and find justice in a corrupt, unjust and dysfunctional justice system.

    Discover how a street child became a street lawyer at the risk of losing his own legal career as beneficiaries of the corrupt system fight back.

  • Introduction to the Law of Torts in Ghana (Hardcover)

    This book attempts to state the Law of Torts as it should apply in the Ghana legal stem. Article I I of the 1992 Constitution recognises the common law principles as they were received from the Anglo-American common law tradition as part of the Laws of Ghana. Section 54 of the Courts Act, 1993 (Act 459) provides that our courts may in the determination of any issue arising from the common law, adopt, develop and apply remedies from any other legal system based on the Anglo-American legal tradition.

    In many contemporary common law countries, for example the UK and the USA, however, there has been an explosion of statutory interventions in the common law. This is reflected in the discussions of the common law principles in the recent editions of textbooks written in those countries. Unfortunately, these statutes are not “statutes of general application,” as this phrase is used and understood in the Ghana legal system. The admixture of these statutes and the common law in these countries makes the isolation of the parts of those books,  which are helpful to our causes in Ghana, a major challenge.

    This book attempts to isolate what is usable from what is not. The hope of the author and the publishers is that the reader, whether a practitioner or student, will find the principles of torts law, as stated in the book, devoid of the statutory contaminations.

  • The Law of Mortgages in Ghana

    The Law of Mortgages in Ghana discusses the Law relating to the use of immovable property as security for the repayment of a loan or the performance of some other obligations. It explores the historical contours of mortgages tracing its evolution from ancient Roman times through its development in English Law and how it was received in Ghana as a legacy of colonization as well as statutory interventions in Ghana. It discusses the various ways in which a mortgage may be created under Ghanaian Law as well as the essential characteristics of a mortgage and the incidents captured in the maxim “once a mortgage, always a mortgage”.

    In this regard, it also discusses the nuances and legal ramifications of mortgaging marital property or property belonging to a spouse, particularly married women, as well as the considerations of independent legal advice leading to the conclusion of a mortgage transaction.

    This book also addresses the remedies available to a mortgage in the event of default. The remedies discussed include suing the mortgagor on his personal covenant to perform; sale of the mortgaged property (judicially and statutorily); exercise of the right of possession; and the appointment of a Receiver. These discussions are done in the context of the various relevant statutes such as the Mortgages Act, 1972 (NRCD 96), the Home Mortgage Finance Act, 2008(Act 770) and the Borrowers and Lenders Act, 2008 (Act778). It also discusses the vexed question of priority of mortgages which determines the sequence in which competing claims over a mortgaged property or sale proceeds of a mortgaged property are settled, particularly in the event that the proceeds of sale are not enough to pay all mortgages. Furthermore, it discusses technical concepts relating to priority of mortgages such as tacking, consolidation, marshaling, exoneration and contribution.

    The book also treats the subject of transfer of mortgages by both the transferor and transferee; redemption of mortgages; and pledges. The last chapter of the book is the practitioner’s chapter which focuses on the intricacies of a mortgage action.

  • Reflections on the Supreme Court of Ghana (Hardcover)

    The book is intended to be a contribution to comparative knowledge on what a final and constitutional court’s role and significance are to governance in a developing country.

    It provides a recently retired judge’s insights into the substantive work and function of the Supreme Court in Ghanaian society and Ghana’s legal and political system.

    The book throws light on the role played by the Supreme Court in the development of Ghanaian law and the laying of the foundation for Ghana’s constitutional democracy. The establishment of a constitutional democracy in Ghana has been an important factor in the nation’s development and the Supreme Court has had an important role to play in this process. It will also be invaluable to both academic and practising lawyers, as well as at non-lawyers interested in the function and operations of the Supreme Court.

    The study of the Supreme Courts of emerging democracies should be given some emphasis in comparative law. It is hoped that the material contained in this book will contribute to the facilitation of such emphasis.

  • Labour Law in Ghana: An Essential Guide

    This text is specifically designed to provide an essential guide to the labour law of Ghana. It is a very comprehensive text, covering all aspects of this area of the law, including the distinction between contract of service and contract for services, formation of the contract of employment, termination of the contract of employment, the rights and duties of employers and workers, dismissal of an employee, the distinction between the terms ‘termination’ and ‘dismissal’, as used in the context of employment, strikes as legitimate weapons in the hands of employees/workers and lockouts as legitimate weapons in the hands of employers, occupational health and safety, retirement and pensions and workmen’s compensation.

    The author presents the material in a very simple, straightforward and logically coherent manner and this makes reading the text very fascinating. It is an essential resource for all those seeking to get to grips with this fascinating area of law. Lawyers, Judges, HR Practitioners, Trade Union Leaders, Employers and Workers or Employees will find this text an invaluable resource. Lecturers and students of labour law will also find this text very useful as it fully and thoroughly covers the syllabus requirements of the LLB Laws, BA Human Resource Management, MBA Human Resources and related courses.

  • Critical and Biographical Essays of Nana Dr. S.K.B. Asante: From an African Village to the Global Village and Back (Hardcover)

    Few Ghanaians of any generation have had a career as long, as varied, and as consequential as Nana S.K.B. Asante’s: government attorney; law teacher; international public servant; constitution framer; adviser to sovereign parties; commercial arbitrator; public intellectual; traditional monarch. Just as impressive is the fact that, in each of these substantial roles, Nana has left a trail of writings. My own first encounter with Nana’s scholarship happened during my time at Yale Law School, his alma mater. As an editor on the law review, I was curious to know whether any Ghanaian had been published by the prestigious journal. My search led me to a fascinating article on Ghanaian property and customary law written by Samuel K.B. Asante in the 1965 volume of the journal. At the time of my discovery, his was the only article by a Ghanaian published in the 100-year history of the journal. I would later discover many more of his academic writings, some of which I assigned to my class in my years as a law teacher.

    This book collects in one volume some of Nana’s mostly “non-academic” writings. The essays tell, in characteristically fine prose rich in biography and history, the story of an intellectual-technocrat keen to use his wealth of knowledge to address contemporary problems of development and to put that expertise in the service of his country–and of the developing world at large. The publication of this selection of Nana S.K.B. Asante’s writings, in the 90th year of his life, is a monumental accomplishment and a befitting capstone of a long and distinguished career.

    PROF. H. KWASI PREMPEH
    Executive Director of Ghana Center for Democratic Development

     

    The incredibly rich collection of writings by the eminent international lawyer, scholar, respected global development expert and prominent traditional ruler, Nana S.K.B Asante, takes the reader on a remarkable journey of nearly seven decades of illumination. His vivid experiences, enormous achievements and witty recollections reveal the remarkable growth of a curious mind and a disciplined intellectual dedicated ultimately to the service of humanity from his native village to the global village. In characteristic modesty, Nana claims not to be a historian, but this book is a historical gold mine filled with nuggets of analysis on the evolution of education, law, science, social policy, public service, constitutional development, nation building and chieftaincy in Ghana, enriched with valuable insights into the solid contributions of illustrious men and women. His penetrating and critical analyses of international development cooperation in the fields of investments, energy, water and natural resources in Asia and Africa must be lessons for all developing countries. This rich resource book is highly recommended.

    DR. AGNES AKOSUA AIDOO
    Former Social Policy Adviser, UN Economic Commission for Africa

     

    This masterpiece by Nana SKB Asante which narrates his life journey from his hometown at Asokore to Achimota, academia, diplomacy and finally back home is unique, inspiring and educative. The Book covers a broad spectrum of academic disciplines including constitutional law, commercial law, criminal law, international law, chieftaincy, leadership and governance, sociology, history and religions. It provides a vivid account of the constitutional history of Ghana from the author’s personal knowledge. The author who had the singular honour to chair the Committee of Experts which gave birth to Ghana’s 1992 Constitution also held the positions of Solicitor-General and Deputy Attorney-General under different democratic and military governments. Nana SKB Asante has used simple diction to convey his wealth of knowledge, experience and wisdom, acquired from both local and international levels in different capacities to inculcate in his audience the spirit of patriotism. The book is a must read!

    JUSTICE DENNIS DOMINIC ADJEI, FGA
    Justice of The Court of Appeal

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