• Law of Landlord and Tenant in Ghana

    The present work brings to completion my effort to state the complete law of property of Ghana. It was inspired by my earlier work on the customary land law of Ghana. The customary law remains the heart of the Ghanaian land law, but the story of the property law of Ghana is incomplete without a comprehensive account of the received law of property. The present work, therefore, brings to a full circle my efforts to state accurately and wholly the property law of Ghana. The field of Ghanaian property law is dominated by a combination of foreign and indigenous concepts. Arguably, the theoretical aspects of the property law of Ghana stand in need of resolution of the tensions between the two sources of law.

    The development of the English law of property was deeply marked by the early activities of the King’s Court and its administration of a centralised system of law as distinguished from an earlier system of localised customary law, varying from place to place. Modified by equity, its doctrines were developed from a centralised system of records. A course in property law ought to equip the student with the entire range of concepts in the field, closely analysed. Described elsewhere as a rubbish heap that has been accumulating for centuries and understood only by the professors, the English law of property does not lend itself to easy understanding. Imposing structure upon a subject comprising essentially English law of property and applying it to Ghanaian circumstances has not been easy. To help the student grasp the interlocking nature of the concepts, and to gain rounded and more profound insights about the various rights and liabilities attached to interests in land, a persistent effort is made to connect the material to Ghanaian cases and statutes.

  • An Outline of Islamic Customary Law In Ghana

    This is an altogether original work in a virgin field. About two decades ago, the Faculty of Law of the University of Ghana (the only in existence at the time in the country), introduced the study of Islamic law as an aspect or jurisprudence. The decision was informed by the reality of a significant Muslim segment of the Ghanaian population. It was a brave decision. The halls of academia had never resounded to Islamic law concepts; for up to that point Islamic law was treated as a Cinderella with no place in the legal curriculum, save for a few passing references in regard to marriage and succession laws. Almost single-handedly, I set about developing a corpus of Islamic customary law relevant to the needs of Ghanaian law students. This small volume is the result of efforts to put my thoughts in essay form and to make available to students and the wider public a book-length manual on the nature of Islamic customary law in Ghana. By obtaining and analysing data elicited from community leaders, ordinary Muslims and clerics and evaluating them in the light of settled principles of Sharia law, a distinctly Ghanaian brand of Muslim law emerges. At appropriate points, material derived from court verdicts is interwoven into the text. No attempt has been made here to deal with other systems of Ghanaian family law other than the Islamic.

    The author has attempted to present the Muslim laws of family, property and succession within a reasonable compass to aid appreciation of the personal laws of substantial numbers of Ghanaians; and in a form that will be clearly understood.

    Aside from Law 111 and the Marriage of Mohammedans Ordinance, Cap 129 (1951 Rev.), Islamic law has been subject to no comprehensive legislative reform. This is perhaps to be expected as the practised law of Muslims was frequently misunderstood, and hardly recognised and understood by administrators and legislators.

    The author’s purpose will have been achieved if this book helps to free Islamic law from misconceptions common in our society.

  • Ghana Law of Wills

    The succession law of Ghana has undergone enormous change since the enactment of the Wills Act, 1971. Relevant literature has hardly kept pace with changes in statutory and judge-made law. The need for a comprehensive statement of the pertinent law has made itself felt for quite a long time. In response, several eminent jurists have grappled with some of the major problems associated with succession. The present account seeks to provide a detailed assessment, analysis, evaluation and critique of the law of wills of Ghana.

    Basically founded upon analysis of the Wills Act, 1971 of Ghana and relevant English principles, the discussion here also traverses a wider field. The end result is an opus that interweaves essentially English concepts of the law of wills with equivalent Ghanaian developments. The topics for discussion are broadened to include indigenous forms of testation.

    The book is broken into appropriate divisions and subdivisions to facilitate fuller discussion of each topic, largely along conventional formats for the analysis of the law of wills. The underlying theme is concerned with the devolution of a person’s assets upon death. Both the substantive and procedural laws are considered in some detail and on the basis of consistent principles of law. Various types of wills and rules for the making and revocation of wills as well as laws dealing with privileged wills, incorporation of documents, revival and republication, legacies and the construction of wills are analysed extensively with a view to encapsulating the corpus of the law of wills.

  • MCQs on the Law of Tort: Test Your Knowledge of Tort Law

    As Professor Kwame Frimpong notes in his foreword, questions in this book are practical, based on decided cases, as well as hypothetical issues and situations. The book is relevant for all common law faculties of law offering Bachelor of Laws (LL.B) programmes, and other institutions offering the Law of Torts to their students. The book is intended to be a supplement to the standard existing textbooks used by lecturers, and is intended to be a tutorial aid, to be used by lecturers in tutorials, and students in testing their knowledge on the topics covered during lectures. In Ghana, the book also covers Law of Tort topics that are examinable for the entrance examination to the Professional Law programme at the Ghana Law School. It is my hope that the book will be an essential learning tool for students in Ghana and common law world.

  • Corporate Governance: The Boardroom, The Bottom Line & Beyond (Hardcover)

    Foreword by Sam Esson Jonah KBE, OSG

    “This book…provides key explanations …to enlighten practising directors and corporate lawyers on modern and international trends in their…work. I personally admire how the author skillfully and seamlessly combines three broad subject areas: law, finance and history to make a strong case for modern corporate lawyers to be specialists in finance; for boards of directors to be knowledgeable in finance and law; and for students to be futuristic in their career planning…[T]his publication has all the necessary ingredients to support the central bank’s agenda to strengthen corporate governance structures and practices across all segments of the banking industry in Ghana.” — Dr. Ernest Addison, Governor of the Bank of Ghana; in-coming 2020 Chair of the Board of Governors of the Bretton Woods Institutions

    “A superb, masterful and much-needed contribution to a critically important subject. Robert Nii Arday Clegg’s meticulously researched and expertly delivered work is groundbreaking in the Ghanaian context. It is a must-read for any professional who is serious about truly understanding the nuances inherent in the concept of corporate governance and the principal elements of a director’s fiduciary duties. Corporate Governance: The Boardroom, The Bottom Line & Beyond could not have been written at a more propitious time. It inspires an enlightened perspective that will produce corporate governance cognoscenti in the classrooms and boardrooms of Ghana for a very long time.” — Kwabena Osei-Boateng, Chairman, IC Asset Managers (Ghana) Limited; Member, Oxford University Alumni Board

    “An absolute masterpiece…well-researched and provides deep insights into an area where many who believe they understand barely scratch the surface. Corporate governance is particularly relevant in many facets of developing economies like ours and I daresay this book will educate many beyond the borders of this country. I have read many books on the subject and this ranks right up there with the best of them. Much as I expected a great job, I must say that Clegg managed to exceed that expectation. Well done for providing living water to our thirsty land.” — Antoinette Kwofie, Executive Director, Finance, Barclays Bank Ghana (Part of the Absa Family)

    “This book will give its readers a strong intellectual basis to appreciate the concepts currently shaping corporate governance practices. It is a brilliant toolkit on how to become an effective supervisor. A required reading for a person making rules on corporate policy, currently operating in a boardroom or aspiring to operate from one soon.” —  Winston Nelson Jr., Member, Governing Council, Ghana Fixed Income Market; Former Director, Ghana Stock Exchange

    “A very powerful and thought-provoking read on one of the biggest topics of our time. Corporate governance shapes our society to a greater extent than many of us might think and Clegg does an excellent job of introducing the topic with its attendant objectives and underpinning philosophies.” — Fridrik Arsælsson, Partner, Rettur-Adalsteinsson & Partners; Alternate Board Member, Financial Supervisory Authority of Iceland; Adjunct Professor, The Faculty of Law, University of Iceland

  • Truth Without Reconciliation: A Human Rights History of Ghana (Pennsylvania Studies in Human Rights)

    Although truth and reconciliation commissions are supposed to generate consensus and unity in the aftermath of political violence, Abena Ampofoa Asare identifies cacophony as the most valuable and overlooked consequence of this process in Ghana. By collecting and preserving the voices of a diverse cross-section of the national population, Ghana’s National Reconciliation Commission (2001-2004) created an unprecedented public archive of postindependence political history as told by the self-described victims of human rights abuse.
    The collected voices in the archives of this truth commission expand Ghana’s historic record by describing the state violence that seeped into the crevices of everyday life, shaping how individuals and communities survived the decades after national independence. Here, victims of violence marshal the language of international human rights to assert themselves as experts who both mourn the past and articulate the path toward future justice.
    There are, however, risks as well as rewards for dredging up this survivors’ history of Ghana. The revealed truth of Ghana’s human rights history is the variety and dissonance of suffering voices. These conflicting and conflicted records make it plain that the pursuit of political reconciliation requires, first, reckoning with a violence that is not past but is preserved in national institutions and individual lives. By exploring the challenge of human rights testimony as both history and politics, Asare charts a new course in evaluating the success and failures of truth and reconciliation commissions in Africa and around the world.

  • Ghanaian Law of Copyright

    Andrew Amegatcher has been an authority on the law of copyright in Ghana for many years. This second edition of the Ghanaian Law of Copyright is not only an academic treatise on the law of copyright generally and as it applies in Ghana, but is an excellent tool for disseminating knowledge of copyright law.

    Since publication of the first edition a major piece of legislation, PNDC Law 110 1985 on Copyright has been replaced by another, the Copyright Act 2005, Act 690. The second edition includes new topics and a chapter on international copyright, including TRIPS, the Agreement on Trade Related Aspects of Intellectual Property Rights.

  • Unfinished Journey: The Life and Times of VCRAC Crabbe

    Otumfuo Osei Tutu II, Asantehene, says this about the book:

    “The Life of Justice Crabbe has surely not been all rosy. He has suffered painfully from people who envied and misunderstood him. But through it all, he came out better, fearless and incurably optimistic. We learn from some of his painful experiences recounted in this book that misfortune is only a missed-fortune. We should always believe as individuals and as a nation that the best is yet to come! Clearly, part of his secret for aging so gracefully is being content with the lot that life grants him and not to carry any negative emotions in his body.”

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