• Law & Religion

    Inaugural Lectures

    Lectures included in this collection are:

    Religion and National Identity: Assessing the Discussion from Cicero to Danquah – Rev. Dr. Kwame Bediako (25 June 1997)

    Private Investment and Law in a Developing Economy: Reflections – Dr. Samuel K. Date-Bah (22 January 2002)

    The Role of the Judiciary in the Establishment of Democracy in Ghana – Mr. Seth Y. Bimpong-Buta (6 April 1999)

    Theology and Culture: An African Perspective – Rev. Peter K. Sarpong (31 October 2002)

    Law & Religion

    10.00
  • Ghana’s 2012 Presidential Election Petition

    The story of the presidential election petition as it unfolded outside and inside the courtroom is graphically retold by the author of this book in a straightforward and memorable manner. If you were not among the audience in the courtroom or if you were not a constant watcher of the TV during the hearing of the petition, or if your understanding of the legal process is limited, this book is your best story teller of all that happened.

    The author, although a lawyer of many years standing, and a very well-known politician, has not written  book on law or politics. His several books deal with history, chieftaincy, culture and conflict in Dagbon. This is his first time of venturing into the politico-legal field. And he has done it well.

    Even though the book is intended to tell the story of Ghana’s 2012 presidential election petition, it equally deals with the politics of Ghana and the country’s electoral laws. The book is therefore recommended not only for people who want to know the story of the election petition, but also to politicians and first year law students as well as people interested in law. The book will inspire them.

  • 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.

  • Concise Text On The Law Of Contract in Ghana (Hardcover)

    This book is strictly designed for undergraduates who have followed a course of lectures based on standard works on contract law. It is intended to supplement your course materials, lectures and textbooks; it is a guide to revision rather than a substitute for the amount of reading that you need to do in order to succeed. Contract law is a vast subject as evidenced by the volume of material contained in standard works on the subject. It follows that a revision work cannot cover all the depth and detail that the student needs to know, and it does not set out to do so. The aim is to provide a concise overall picture of the key areas for revision.

  • 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.

  • Selected Papers and Lectures on Ghanaian Law (Hardcover)

    This book is a compendium containing chapters based on various papers and lectures on Ghanaian law delivered by the author. Its contents deal with a wide range of topics expected to be of interest, not only to Ghanaian lawyers, but also to lawyers in general and other persons interested in the legal process in developing countries.

    The topics include the legal system and legal education in Ghana, the Judiciary, human rights and good governance, and business law.

    The variety of topics treated means that the book can be regarded almost as a mini Reader on Ghanaian law.

  • 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

  • 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.

  • 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.

  • Medical Law in Ghana: A Primer (Hardcover)

    Transcending the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from physician or doctor-patient relationship. Medical Law in Ghana – A Primer seeks to present an exposition of health care law and medical law in Ghana as embodied in both statutory and case law. It addresses the law dealing with doctor-patient relationship; confidentiality and access to medical records; medical education, professional regulation of doctors, nurses and pharmacists; assisted reproduction, euthanasia (assisted dying), clinical trials.

    After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician (doctor)-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system.

    This book is intended to serve as useful source of authoritative information and guide for lawyers, students, health care professionals and all those that have interest in the interface between law and medicine, medical law, bioethics and medical ethics. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Ghana will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.

  • The Property Law of Ghana

    This book consists of six related but separate parts combined in thirteen continuous chapters of land law. The thirteen chapters are fundamentally concerned with the development of the customary land law through the Ghanaian courts. In the first part, the main concepts underlying land law as well as the general characteristics of land are traced and analysed. The second segment deals with the law relating to interests in land, including modes of acquisition and loss of title. Tenancies and pledges are examined in their own right. Part 3 considers the nature of the customary law family, focusing on the composition of the family, the rights of members and the role of the head of family. In Part 4, rules regarding transfer of interests are considered within the general body of case law. This is followed logically by a consideration of the applicable doctrines of English law in Part 5. The final segment directs analysis at the impact of state legislative activity on customary law.

    The rules of customary law were developed from pre-colonial times. It might be thought that the rules might be full of hoary anachronisms. The continuous decisions of the courts and the full impact of legislative activity have been the guiding hand in steering the customary land law in consonance with social and economic developments. No one argues that the customary law is in need of purgation. Principles derived from English equity jurisprudence have steadily worked their way into customary notions, particularly in the form of acquiescence, introducing equity’s peculiar element of fairness into the relevant customary law rules. Some of the perceived harshness or inadequacy of the customary land law have also been cured by legislation.

    The present work is not a mere rearrangement of emphasis of the land law. I have attempted to bring into one coherent view the ideas expressed by the established jurists. The law we work with is constantly changing. It is constantly between the hammer and the anvil, changed and reshaped by judicial and statutory intervention. New answers are found as problems without judicial precedent press for statutory solution. Where authoritative answers cannot be found for such problems, I have relied on the evidence of actual social practice. Overall this book captures the restlessness of the indigenous law and the constant push for change. Several of the topics that dominated the old texts are receding. Statute law now overshadows many areas of the customary law.

    There is considerable imbalance in the rendering of the customary land law of Ghana. Although this is a book on the customary land law of Ghana, a disproportionate number of both actual examples and case-law are drawn from southern Ghana. It reflects the general lacuna in current literature. This deficiency points to the urgent necessity of prosecuting a similar task in relation to the customary law of northern Ghana.

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