• 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.

  • 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

  • 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.

  • 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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

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