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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.
₵350.00The Law of Mortgages in Ghana
₵350.00 -
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.
₵500.00 -
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.
₵350.00