• 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.

  • Conflict of Laws in Ghana

    Generations of Ghanaian law students, scholars, legal practitioners and judges have engaged with conflict of laws issues in their respective capacities. Regrettably, they have not had access to an authentic Ghanaian treatise on the discipline — a treatise foregrounded in Ghanaian case law and legislation. They have had to rely on foreign treatises (often very dated editions) mainly written by reputed English scholars.

    Richard Frimpong Oppong and Kissi Agyebeng have filled this void in the scholarship on Ghanaian law with their sophisticated and skilfully executed work of scholarship: Conflict of Laws in Ghana.

    This monograph is a timely publication. We live in a globalised world, a world beset with conflict of laws problems. Increases in cross-border movements of persons and the concomitant cross-border relationships they create, the growth of international commerce and foreign direct investment, ever-increasing international litigation, and international arbitration have all highlighted the importance of conflict of laws as a discipline.

    Judges, legal scholars, legal practitioners, law students and, indeed, all who operate in the international legal terrain, must take notice of this comprehensive work.

    The range, depth and originality of Conflict of Laws in Ghana make it a must-read for anyone confronted with a conflict of laws issue in Ghana. They will find much value in doing so.

  • Rights in Action: Trends, Challenges & Lessons

    The ‘Rights in Action: Trends, Challenges and Lessons’ examines Supreme Court decisions on rights and freedoms. In the process, attention is drawn to judicial trends, challenges and lessons from jurisdictions such as Ireland, Britain, India, United States of America, Canada and South Africa. Also discussed are issues involving, for example, the repeal of the offence of causing fear and alarm, bail policy, fair trial, full disclosure of the prosecution’s case, scope of freedom of expression and information, spousal rights, political attitude to the vulnerable in society, limits of rights adjudication (polycentricism), doctrine of political questions, reasonableness, proportionality, the Common Law method, nature and scope of rights, freedom and directive principles of social/state policy

  • Court Administration in Ghana: Civil and Criminal Proceedings

    The book contains Fast Track and Automated Court Procedures and Case Management, Essential Precedents and Chamber Correspondence for Lawyers as well as a Directory Location for Courts.

    One of the valuable features of the book is the provision of information on different aspects of court work and procedures unique to specific areas. Judicial Accounting, which is another aspect of the book, is different from the normal accounting duties in other government departments.

    The offers a guide to the clerks and managers of law firms, court registry, provides information on essential precedents, chamber correspondence, law students and other tools lawyers need. No court can operate without successive inputs of court registrars, thus, the book is essential to understanding and managing courtroom matters.

     

  • 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.

  • 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

  • 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

Main Menu