• 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.

  • Notaries Public Practice in Ghana – The Law, Cases and Materials (Hardcover)

    The book: “NOTARIES PUBLIC PRACTICE IN GHANA – The Law, Cases & Materials”, is the first of its kind by a local writer from and within our jurisdiction, contextualized against the background of Ghanaian jurisprudence, and yet informed by the standards and requirements of global notarial practice. The book sketches the historical origins of the notaries public and commissioner for oaths practice in Ghana, tracing the linkage between the practice here in Ghana and the received English law, the common law, principles and institutions and shows how the legal/notarial professions evolved in the Gold Coast all within the context of English common law and legal institutions.
    At the heart of the book, we see a distinct picture of the NOTARY – who he is; the requirements and qualifications for appointment and enrolment; the “Status of Notaries” as “officers of the court”, “officers of the legal system” and as “accountable institutions”, the implications and obligations arising therefrom this special status, as well as what broadly can be reckoned as “notarial acts”. The material covered includes sources of law for the practice; and the constitutional, statutory legal context in which the notary is required to function to assure the pursuit of justice underpinned by professionalism, ethics, integrity, morality, discipline and accountability.
    The powers, functions, duties and responsibilities of the notary are covered in detail, including the critical responsibility of the notary to prevent fraud, to avoid conflict of interest, to undertake due diligence prior to performing a notarial act; the duty to refuse to act in appropriate circumstances the notary’s duty to keep a register/journal of notarial acts; the notary’s engagements with administration of oaths and affirmations, swearing of oaths/affirmations, the taking of affidavits and declarations; powers of attorney; the notary’s traditional role in the validation of deeds and documents encompassing notarial duty of authentication, certification, attestation, legalization, verification and acknowledgment of deeds and documents; the requirements in the preparation and signing of legal documents; and the notary’s duty in the performance of official acts in commercial transactions.
    The book will be relevant in assisting in the advancement of the cause and development of the Ghana legal system, promote commerce and assure credibility and integrity required in legal documentation requisite in matters including mercantilism, banking, finance, land transactions, etc.; and in the enhancement of administration of justice and the rule of law. In addition, the book has carefully adapted corpus of forms and precedents for the guidance of solicitors and notary practitioners.

  • 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.

  • 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.

Main Menu