• 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.

  • The Legislative System of Ghana

    This book focuses on the legislative system of Ghana. It contains sixteen chapters, each focusing on a unique aspect of the legislative system of Ghana. It outlines the rules, the practice, and procedure that govern the conduct of business and Members in the Parliament of Ghana and its committees, and the various actors involved in the organisation of the legislative business. It breaks into minute forms, the procedural norms, and attitudes that influence members’ behaviour and the various parliamentary outcomes.

    “This study is well researched and presented in a very lucid form…. Indeed, it is a very useful source for students, parliamentarians, and academics on the parliamentary history, procedure, and practice of Ghana’s Parliament.” – Hon Dr. Benjamin Kunbour, Former Majority Leader, Former Minister of Defence and Senior Lecturer, University of Ghana School of 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.

  • 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 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.

  • 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.

     

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