• Contemporary Criminal Law in Ghana

    This book is uniquely structured and comprehensively discussed with contemporary decisions and pronouncements in Criminal Law in Ghana. A unique feature of this book is the discussion of every section in the Criminal and Other Offences Act.

    The book contains:

    Preliminaries where besides theory and history, there is a treatment of the nature of a criminal offence, sources of criminal law and courts with criminal jurisdiction, general explanations and exemptions.

    Offences with force or violence such as homicides, genocides, assault, battery, kidnapping, abduction, sexual crimes, human trafficking and domestic violence.

    Offences against rights of property such as stealing, dishonestly receiving stolen property, defrauding by false pretense, forgery, fictitious, trading, charlatanic advertisements in newspapers and falsification of accounts.

    Offences against public order, health and morality such as high treason, bigamy, money laundering, narcotics offenses. Offences relating to Public Officers and Public elections including a treatment of offences both under the Criminal and other Offences Act, 1960 as well as under the Representation of the People’s Act, 1992 and related Constitutional Instruments.

  • Land Law, Practice and Conveyancing in Ghana

    Land Law is about everything under the sun-both Substantive and procedure laws. The Author of this eminent book has carefully discussed both substantive and procedural land law of Ghana, truly assimilated with recent Land Law decisions and declarations. The object is to have a comprehensive textbook for Legal luminaries. This book has been revised to meet the demands of some professional law students and lawyers to include topics such as various forms of interest in land and their respective alienations. Power of Appointment, Fixtures, Waste and Spacemen of Conveyancing.

  • Contemporary Trends in the Law of Immovable Property in Ghana

    The law of immovable property is concerned primarily with the relationships which exist between persons who hold, inter alia, interest in , title to or rights over immovable objects that are capable of ownership under a law in force at any one time. it is also inferentially, though comparatively minimally, concerned with the nature of such objects as well as the interest, title and rights that are permitted by the existing law t be held in such relevant objects. The law of immovable property is further concerned with a bundle of legal and institutional frameworks which regulate and manage the proprietary and other incidental matters pertaining to all that may be properly described as immovable property.

  • 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.

  • 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.

  • 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 Alchemy of Social Justice: Directive Principles of State Policy

    FREEDOM AND JUSTICE: These twin concepts encapsulate the Ghanaian Dream which is the overarching national manifesto in aid of a project to transform the Ghanaian political State into a free and just society. The object of the transformation is to secure social order through the institution of social justice which, when fueled or energised by patriotism and charity, creates the enabling environment for security and development.

    Political philosophy, in the context of the DPSP, attempts to answer the question as to what the best society for the people of Ghana is. The framers of the Constitution, 1992 answered the question through the provision of the DPSP. For their part, in interpreting and applying the DPSP, the Judiciary must perpetually answer the political philosophical question whether they are in the business of helping to realise a free and just society.

    The society envisaged is the subjective meaning of the political state, the subjective meaning of the relation between the citizen and the political state, and the subjective meaning of freedom and justice as perceived by the citizens of the State. The society is ideational; it has the potential to be attitudinal. In a sense, the State can be visualised as the physical edifice of a symbolic society. The nature of the subjective meaning as perceived by the citizens in the form of a virtual society determines the health of the political state; and one of the main purposes of the DPSP is to control and determine the nature of the virtual society.

    The author’s three approaches to the DPSP depend on the question that the interpreter poses and seeks to answer. The theoretical approach involves freewheeling and fundamental questions that are unrestricted by any enactment or fact situation; the legal approach poses a question that is tethered to an enactment and is, in that regard, restricted by the meaning and context of the relevant enactment; and, the strategic approach deals with society-dependent questions involving a particular fact situation (an event) and an enactment.

    The author suggests that the term enforceability be reserved for the fact that the principle is binding and worthy or deserving of a judicial declaration; that the possibility of molding orders following the declaration is a question of justiciability; and that the term justiciability should be reserved for non-enforcement on account of prudence in the design of orders.

  • 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

  • Commercial Law in Ghana: Sourcebook (Hardcover)

    Commercial Law in Ghana: Sourcebook is written as a primary text for the study and practice of commercial law in Ghana. The book prioritises Ghanaian judicial decisions in the discussion of the various topics and legal concepts in commercial law. The book covers topics such as Law of Agency, Sale of Goods, Hire Purchase, Negotiable Instruments, Banking, as well as commercial litigation and arbitration. The book contains a lucid reader-friendly analysis of topics in commercial law in the light of relevant Ghanaian case law and legislation. The book will serve the needs of students of the law by providing them with legal analysis backed by Ghanaian sources. It would also serve as a practical guide to practitioners of commercial law.

  • 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.

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