SCHOOL OF LAW

SEMESTER ONE, 2021/2022 ACADEMIC YEAR

COURSE SYLLABUS
FLAW 101/261: GHANA LEGAL SYSTEM
CREDITS: 3

Lecture Period: Wednesday 3:30-5:30pm; Friday 1:30-3:30pm.

Venue: Lecture Room 2; Auditorium

Course Co-ordinator: Email

Dr. Ama Hammond. afhammond@ug.edu.gh;

ama_afful@yahoo.com

Course Instructors: Email

Prof. Akongburo Raymond Atuguba ratuguba@ug.edu.gh

Mrs. Clara Kowlaga Kasser-Tee ckkasser-tee@ug.edu.gh

Mr. Kenneth N.O. Ghartey knoghartey@ug.edu.gh

Ms. Zeinab A. Ayariga zayariga@gmail.com

1. Course Description

This course is designed to introduce law students to the legal system of Ghana. It is a
mandatory foundation course that explores the machinery of the law as it operates in
Ghana. In this regard, the course examines the structure, rules and operation of the central
institutions and processes of the Ghana legal system.

2. Course Objective/Goals:

The basic objective of this course is to provide an analytical survey of the Ghana Legal
System by exploring the foundations of the Law of Ghana, its nature, history and theoretical
underpinnings. The course also seeks to introduce students to a variety of statutory and

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 constitutional, and common law legal issues, with a view to deepening understanding of
the uniqueness of the legal system. It also equips students to conduct basic legal research
tasks using primary and secondary sources.

An important examinable component of this Course (for which thirty (30) vital marks
are allocated) is legal writing, which allows the student to develop writing and
reading skills, the utility of which goes beyond the Course itself.

3. Learning Outcomes

At the end of this course, the student should be able to:

1. Demonstrate an understanding of the structure and operation of the central institutions
and processes of the Ghana legal system.
2. Demonstrate understanding of legal terminology
3. Trace the history of the court system in Ghana.
4. Identify the various sources of law and the basic institutions of the Ghana Legal System.
5. Classify the various branches of law.
6. Discuss the history of the Ghana Legal System and the influence of the British on the Ghana
Legal System.
7. List the forms of Alternative Dispute Resolution (ADR) in Ghana, and discuss their
advantages and disadvantages.
8. Discuss the nature and role of the legal profession in Ghanaian society
9. Discuss the role of legal aid in the advancement of human rights;
10. Develop learning skills and techniques to organise their studies efficiently;
11. Use integrated reading and writing strategies to facilitate learning.

4. Course Delivery (optional):

This course is a combination of lectures, class discussions, tutorials and presentations.

5. Plagiarism policy

Plagiarism in any form is unacceptable and shall be treated as a serious offence. Appropriate
sanctions, as stipulated in the Plagiarism Policy, will be applied when students are found to
have violated the Plagiarism policy. The policy is available at
http://www.ug.edu.gh/aqau/policies--‐guidelines. ALL students are expected to
familiarize themselves with the contents of the Policy.

6. Assessment and Grading

Mid--‐Semester Test/Interim
Assessment 35%
Final Exam 35%
Language and Study Skills 30%

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 7. Grading Scale:

Refer to Undergraduate Handbook.

8. Reading List /Required Text

TOPIC 1: LEGAL TRADITIONS OF THE WORLD

GENERAL READING

1) Rivlin, First steps in the Law, pp. 13-42

2) Merryman, The Civil Law Tradition, Chs. 1 & 2
3) David and Brierley, Major Legal Systems in the World Today, pp 9-20; pp. 307-352.
4) Milsom, The Historical Foundations of the Common Law Chs. 1-4
5) Schlesinger, Comparative Law, pp. 251-267*
6) Quansah, E.K., The Ghana Legal System (2011), Chs 1,3,6,7,10
7) Allott, New Essays in African Law Part I.
8) Derrett, Introduction to Legal Systems.
9) Walker & Walker, The English Legal System, Chs. 1,2 & 3.
10) Hanns Hohmann, Common Law and Legal Reasoning, (1990) 30 A.J1 of Comp. Law,* 143-
170
11) Fui S.Tsikata, Cases & Materials on the Ghana Legal System
12) Ahenkora v. Ofe (1957) 2 G&G 271, 275,296 (2d)
13) S. Kwame Tetteh, Civil Procedure (2011), Ch.1 .

TUTORIAL QUESTIONS

1) Distinguish between the concepts of a Legal Tradition and Legal System.

2) Trace the historical development and the basic identifying features of the following legal
traditions.
i. Common Law
ii. Civil Law
3) "The Legal System of Ghana is pluralistic". Discuss
4) Discuss the differences in the roles of the judge within the common and civil law traditions.
5) Discuss the jurisdictions known to the Legal System of Ghana.
6) Discuss the key features of the Ghana Legal System
(a) Discuss the major players/roles in the Ghana Legal System.

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 TOPIC 2: CLASSIFICATION OR DIVISIONS OF THE BRANCHES OF THE
LAW
PLEASE NOTE: ** Information provided by K.K.K. Ampofo (Ghana Legal System Course Lecturing
Team Member).

Preliminary Note/ * Using this reading list: This list comprises a broad range of required (selected)
reading materials (statutory and non-statutory) and some selected cases. These are the "law"- that
is, the primary materials with which law students taking this course must be familiar.

The function of this list, among other objectives, is to focus your attention particularly on key
materials and a selection of cases which are essential to an understanding of the area: all materials
and cases must be read in their entirety.

Although generally only one or two case references are given in the reading list, cases are often
reported in more than one series of reports. If the volume listed is not available, look up the case
(especially if it is one of foreign origin) in the case list of any of the major textbooks to find an
alternative source. Extracts of cases/materials (found in Case books and Sourcebooks e.t.c.) which
attempt to interpret and summarise the law should not be mistaken by the serious student for
primary law or detrimentally relied upon as a substitute for reading cases in the original.

This Reading List is not meant to be and is not exhaustive. Other materials (especially updated
editions of the materials, where the same can be obtained) treating the topic can be used. **

Learning Objectives of The CLASSIFICATION OF THE BRANCHES OF THE LAW Course: After
studying the subject you should understand and appreciate the following main points:

➢ the nature, purposes and functions of law.

➢ the ways in which the law may be classified, including the differences between public
and private law, civil and criminal law and common law and equity, e.t.c.

➢ the basic principles of legal liability, such as the distinction between civil and criminal
liability.

➢ the uses of law as a tool rather than as an end in itself; the law is there to achieve things
for the client, not for barren argument

GENERAL READING

1. The Constitution of the 4th Republic of Ghana (1992).

2. F.S. TSIKATA & R. ATUGUBA, Materials on Ghana Legal System (*compilation of materials
available at the School of Law General Office).
3. GLANVILLE WILLIAMS, Learning the Law, (2002 12th. ed.) Chapter 1 pp. 1-31 on "The
Divisions of the Law". You may also usefully consult the same book's 11th ed.'s Chapter 1
pp. 1-2:7„ on "The Divisions of the Law" and pp. 24-29 Chapter 2 on "Common Law and
Equity". **Updated editions of this essential book may also be used.

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4. A.W.B. SIMPSON, Invitation to Law 1 (1988) pp. 53-82 Chapter 3 on 'Legal Systems and Legal
Traditions' and pp. 83-110, Chapter 4 on 'The Divisions of The Law'* (Photocopies of Relevant
Pages on Reserve Shelf in Law Faculty Library).
5. ROSCOE POUND, Classification of Law, Harvard law Review, Vol. 37, No. 8, June 1924, pp.
933 -969. *(Photocopy of Article on File N. 735 on Reserve Shelf in Faculty of Law Library).
6. JOHN FARRAR, Introduction to Legal Method (1977) pp. 12-17 Chapter 2 on 'The Traditional
General Classification of Law' and. pp. 55-61 Chapter 6 'The Historical Growth and the
Survival of the Common Law and Equity Distinction'.
7. MENSA-BONSU, HJAN., The General Part of Criminal Law - A Ghanaian CaseBook,
Volume 1 (2001), Chapter 1 on The General Nature of Criminal Law, pp.1-88.
8. KODWO MENSA-BROWN, Introduction to Law in Contemporary Africa (1976) pp. 1-93
generally. See particularly pp. 22-31 Chapter 3 Section on 'Nature of Indigenous Law."****
(Available in Africana Section of Balme Library).
9. AKR. KIRALFY, The English Legal System (1960) pp 6-20 on, The Divisions of English Law'.
10. R.J. WALKER, The English Legal System (1976) pp. 3-52 Chapter 1& 2 on "The Common Law
and Equity".
11. ALLEN, C.K., Law in The Makin: (1964) pp. 399-425.
12. ELIAS, T.O., The Nature of African, Customary Law (1956) pp. 110-129.
13. GOLDSCHMIDT, J.E., National and indigenous Constitutional Law in Ghana (1981) pp. 10-
22 (Sections on 'Indigenous Law: Terminology' and 'Indigenous Law: General
Characteristics'.
14. RATTRAY, R.S., Ashanti Law and Constitution pp. 285-398, Chapter XXXVII on Law and
Procedure.
15. RENE DAVID & J.E.C. BRIERLY, Major Legal Systems in the World Today (1985) pp. 333-
357 (on Legal Divisions and Concepts).
16. BUSIA, K.A., The Position of The Chief in The Modern Political System of Ashanti (1958) pp.
65-78. Chapter IV on "Administration and Justice"
17. ABRAHAM, H.J., The Judicial Process (1986) Chapter 1, pp. 8-21
18. KLUDZE, A.K.P., Ewe Law of Property (1972) pp. 25, 26, 134, 135.
19. TWUMASI, P.K., Criminal Law in Ghana (1985) pp. 59-65 -See Chapter 4 on "Classification
of Crimes".
20. AMISSAH, A.N.E., Criminal Procedure in Ghana (1982) pp. 274, Chapter 9 on "Punishment".
21. JACKSON, R., The Machinery of Justice in England (1977, 7th Edition) pp. 24-27 Section on
"Civil Law and Criminal Law"
22. ALLOTT, A.N., New Essays in African Law (1970) pp. 117.
23. BIMPONG-BUTA, S.Y., "Sources of Law in Ghana" - Article in 1983-86 Issue No. 15 Review
of Ghana Law Journal, pp. 129-151.
24. OLLENNU N.A. Sr WOODMAN G.R., O11ennu's Principles of Customary Land Law in
Ghana 1985) p.3.
25. DATE-BAH S.K. & FIADJOE A.K., Seduction Actions: The Ghanaian Experience - Article in
April 1971 Vol III No. 1 Issue of Review of Ghana Law Journal, pp. 29-38.
26. DANKWA E. V. 0. & FLINTERMAN, C., judicial Review in Ghana - Article in Vol.XIV No.
1 Issue University of Ghana Law Journal. pp. 1-44.
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 27. EKOW DANIELS, W.C., Marital Family Law and Social Policy In Essays In Ghanaian Law
1876¬1976, pp. 92-117.
28. EKOW DANIELS, W.C., The Legal Position of Women Under Our Marriage Law - Article in
1975, Vol. VII N. 3 of Review of Ghana Law Journal, pp. 183-199.
29. DATE-BAH, S.K., Reflections on the Law of Defamation in Ghana - Article in 1973 Vol. X No
.2 University of Ghana Law Journal.
30. FURMSTON, M., Sale and Supply of Goods (3rd Edn., 2000) pp. 1-3. (Photocopied Material
available for consultation in Law Faculty Library.
31. BOND H.J & KAY P., Business Law (2nd td11.195) pp. 1-9.
32. SAVAGE N. & BRADGATE R., Business Law (1987) pp. 51-58.
33. FIADJOE A.K., Commonwealth Caribbean Public Law (2nd Edn., 1999) pp.3-14 on "Public
Law Defined" (Material available in Faculty of Law Library).
34. Da ROCHA B.J. & LODOH C.H.K, Ghana Land Law and Conveyancing (1999) Chapters 1 &
2 generally pp.1-28, noting particularly thereof pp. 1-6 of the same.
35. JOSIAH- ARYEH, N.A., The Property Law of Ghana (2005) Chapter 3 (Interests In Land) pp.
43- 51
36. DENIS KEENAN, Smith and Keenan's English Law -Text and Cases (5th Edn., 2007 pp.3-68,
Chapters 1 & 2 of this useful and recommended book deserve a close reading by all
concerned!) (*two copies of this recently purchased book are in Faculty of Law Library -
consult librarian-on-duty).
37. PHIL HARRIS, An Introduction to Law (6th Edn., 2002).
38. MARTIN PARTINGTON, Introduction to The English Legal System (4th ed., 2008).
39. Contracts Act of 1960 (Act 25).
40. Land Title Registration Law, 1986 (P.N.D.C.L. 152) (*specifically its Section 19 which reveals
a classification of interests in land).
41. Courts Act of 1993 (Act 459 as amended).
42. Rules of Court e.g. High Court (Civil Procedure) Rules, 2004 (C.I. 47) and * Other Rules of
Procedure for our superior courts (e.g. Court of Appeal and Supreme Court) .
43. Limitation Decree, 1972 (NRCD 54).

SELECTED CASES: YOU MUST READ AND BE READILY FAMILIAR WITH ALL THE 30
CASES BELOW IN YOUR OWN INTEREST: -

1. The Republic v. The Fast Track High Court; Commission On Human Rights and
Administrative Justice, Ex parte Hon. Dr. Richard Anane, 2007.*** Decision of Supreme Court
of Ghana – Please consult File No: 773 in Faculty of Law Library.
2. Tuffuor v. Attorney-General [1980] G.L.R. 637.
3. Zakaria v. Nyimakan [2003-2004] SCGLR 1.
4. Perbi v. Attorney- General [1974] 2 GLR 167.
5. Blackpool and Fylde Aero Club v . Blackpool Borough Council [1990] 1 W.L.R. 1195; [1990] 3
25.
6. Kessie v. Charmant [1973] 2 GLR 194.
7. Carlill v. Carbolic Smoke Ball Co. [1893] 1 Q.B. 256; 67 L.T. 837.
8. Fisher v. Bell [1960] 3 A.E.R. 731; [1960] 3 W.L.R. 919; [1961] 1 Q.B. 394.

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 9. Nyaasemhwe v. Afibiyesan [1977] 1 GLR 27.
10. Lefkowitz v. Great Minneapolis Surplus Stores inc., 86 NW2d 689 (1957).
11. In re Asante (Decd): Owusu v. Asante [1993-94] 2 GLR 271.
12. The State v. Schabir Shaik & 11 Others – South African Court judgment dated 31 May 2005.
Copy on File in the Faculty of Law Library.
13. Hemans v. Coffie [1996-97] SCGLR. 596.
14. Fitzpatrick v. Sterling Housing Association [1993] 3 WLR 1113.(*this case illustrates that even
within a single statutory framework, there is scope for developing the law by interpretation
which reflects changes in social practices and attitudes).
15. Bonsu v. Forson [1964] G.L.R. 45.
16. Wankyiwaa v. Wereduwaa [1963] 1 GLR 332.
17. Donoghue v. Stevenson [1932] AC 562.
18. Hedley Byrne & Co., v. Heller & Partners [1964] A.C. 465.
19. Central London Property Trust v. High Trees House [1947] KB 130.
20. Huntley v. Thornton and Others [1957] 1 AER 234.
21. Agyei Twum v. Attorney-General & Akwetey [2005-2006] SCGLR 732 to 815 (*note
particularly pp. 790 -791 per Prof. Ocran JSC on ‘the subject of administrative law’).
22. Gaba v. Republic [1984-86] 1 GLR 694.
23. Tsatsu Tsikata v. The Republic [2003-2004] 2 SCGLR 1068. (*see in particular headnote 2 and
judgment of Prof Ocran JSC at pp. 1085 – 1086 on what constitutes a crime within the meaning
of Article 19 (11) of the 1992 Constitution of the 4th Republic of Ghana).
24. Regina v. Adomako [1995] 1 AC 1.71. (*on appropriate test – when and in what circumstances
can gross negligence amount to a crime).
25. Alcock v. Chief Constable of the South Yorkshire Police [1991] 4 A.E.R. 907.
26. Societe Generale de Compensation v. Mashie Ackerman [1972] 1 GLR 413.
27. Whittaker v. Choiteram [1971] 2 GLR 267.
28. Youhana v. Abboud [1973] 1 GLR 258.
29. Lamptey Alias Nkpa v. Fanyie and Others [1989-90] 1 GLR 286.
30. Brown v. Quarshigah (*citation to b supplied in class).
31. In re Cole Decd: Cudjoe v. Cole [1977] 2 GLR 305.
32. In re Duncan v. Duncan [1982-83] 1 GLR 384.

SELECTED TUTORIAL/EXAMINATION PRACTICE QUESTIONS

(*Preliminary note: It is strongly advised that only when you have thoroughly researched and

carefully read and studied the above materials should you work through the following tutorial

questions/past examination questions in the subject. By working in this way you will, hopefully,
acquire a thoroughly sound and confident knowledge of this very important subject).

1. What, in your view, are the primary objectives of the Ghana Legal System? Are they at all
consistent, and if so, to what extent do you as serious student see them to be so?
2. List at least five (5) major functional attributes of administrative law and discuss their
importance in a functioning system of ordered, efficient, open and accountable governance?

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3. Defend the assertion that "the distinction between the criminal and civil law does not depend
on the nature of the wrongful act? Do you agree with this viewpoint?
4. "Categorizations of substantive legal knowledge bring nothing of importance or value to a
gravely troubled and disturbingly weary first year la student's understanding of the law".
Discuss.
5. Explain the difference between the following pairs:
a. public law and private law;
b. contract and tort.
c. substantive and adjectival law;
6. "The divisions of the law are not simply arbitrary ways of sorting out a mass of legal
materials into conveniently small heaps. Rather, they reflect basic ideas about the structure
or purpose of the law, for each category is thought to possess a natural underlying unity
which justifies its use as an organizing category". (AWB Simpson, Invitation to Law.) Analyse
critically the correctness or otherwise of this frequently quoted statement traditionally put
on examination papers of first year law students. In your answer, demonstrate your informed
and clear understanding of the scope, relevance and importance of the subject of
'Classification of the branches of Ghana law'?
7. How do the important reported cases of 1. The Republic v. The Fast Track High Court;
Commission On Human Rights and Administrative Justice, Ex parte Hon. Dr. Richard Anane
2. Blackpool and Fylde Aero Club v. Blackpool Borough Council and 3. Kessie v. Charmant
help your understanding of the topic of classification of the branches of law?
8. Assess the soundness of the distinctions between civil and criminal wrongs. Are these
distinctions, in your informed and considered view, at ail supportable?
9. "Substantive law always has the look of being secreted in the interstices of procedure".
Carefully consider the correctness or otherwise of the above statement.
10. "The criminal law is the only branch of the law replete with fine distinctions, distinctions
upon which may turn the difference between going to prison and leaving court without a
stain on one's character". Is this view consistent with what you know as a serious student of
the subject of 'Classification of the branches of the law'.
11. a. Explain why equity developed and how it differs from the common law? What is the
present relationship between the two systems under Ghana law?
b. Briefly consider the following issue - Is Equity the same as "natural justice"?
12. Consider the following statement: "Owing to the interaction and overlapping of the various
spheres or divisions of law it is difficult to essay a convenient and satisfactory classification
of the branches of law in the Ghana legal system"? Take an informed position on either side
of this long debated statement and coherently argue your case, showing clear and well
supported reasons for the position you opt for.
13. Consider the following statement: "The categorisation adopted by a court will vitally affect
the legal outcome of a case". Do you agree?
14. Carefully consider the following legal actions and indicate whether civil or criminal law
proceedings would result:

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 a. Kwame Blackstarr Ohennie returns a faulty steam iron to the shop at Kaneshie market
where he bought it, but Koffi Awuni the shop owner resolutely refuses to give him a
refund;
b. Sisi Mary in a sudden fit of rage puts her crying one month old baby girl in a
microwave oven and turns it on, leaving the baby to incinerate.
c. Esther Akanbangbiem decides to divorce 'her husband, Bernard Kwame Tongo, after
eight years of marriage;
d. Justina takes a copy of the 2008 edition of Treitel's Contract Law book from the
reference section in the Faculty of Law Library, with the intention of returning it when
she has finished her first contract law assignment. She finds the book so valuable for
her studies that she decides to keep it;
e. Frimpong Manso, a farmer, who is a native of Wamale near Yendi, supplies organic
free range guinea fowl eggs on a regular basis to the Woe Five Star Country Club
Hotel. Frimpong Manso's guinea fowls, and the eggs they produce, have become
infected with bird flu and salmonella. The Hotel uses the infected raw eggs to prepare
a special mayonnaise dish for Bawa Akumbuni's wedding reception. Many of the
guests are taken ill after the reception and Awo Christie, Nene Akakpo Gaduga's 90-
year-old grandmother, dies.

a. Identify the different types of proceedings which might arise from these facts.

b. For each type of legal action you have identified in (a), discuss the nature of the
legal liability and the purpose or objective in taking legal action.

15. Consider carefully the following statement: "One value commonly associated with law,
as appears from a close and careful study of the subject of "Divisions of Law", is order." Do
you agree with foregoing statement?

16. Is the following statement correct: "The distinction between "public/private law" is
outmoded and unhelpful. It has no present validity and/or usefulness in the legal system of
the Republic of Ghana?"

17. Carefully consider the following statements: "A traffic accident, in public as in private
law, possesses the same characteristics. What does it matter whether the state or a private
individual owns the vehicle? It is the victim who is in each case the focal point and his
interests are the same throughout. At this level, the frontiers between public and private law
necessarily disappear... It is therefore both fair and sensible not to have any distinction at all
made between public law and private law."

GOOD LUCK!

K.K.K. Ampofo.

TOPIC 3: INTRODUCTION OF BRITISH JURISDICTION INTO THE GOLD

COAST

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GENERAL READING

1. Raymond A. Atuguba and F.S. Tsikata, Materials for Ghana Legal System (FLAW 101),
Volume One, (October 1998).
2. Raymond A. Atuguba, "Ghana @ 50: Colonised and Happy", in H. J. A. N. Mensa-Bonsu et.
al. (eds) Ghana Law Since Independence: History., Development and Prospects, (Faculty of
Law, University of Ghana, Legon, 2007), pp. 571-588.
3. Appiah v. Inkyi (1907) Ren 455.
4. Gohoho v. Guinea Press Ltd [1963] 1 QB 948
5. Nyali Ltd v. the Attorney General [1956] 1 QB 1, 5-18 (arguments of counsel, and extracts
from judgment of Denning L.J.) 32-33 (extracts from judgment of Parker L.J.)
6. R. v. Earl of Crewe, Ex parte Segkome [1910] 2 KB 576,601-604,606-609 (per Vaughan
Williams L.J.), 611-613 (per Farwell L.J.), 622-624 (per Kennedy L.J.)
7. Sobhuza II v. Miller [1926] A.C. 518
8. R. v. Kojo Ayesu 2 G. &G. (part 1) p 33
9. R. v. Kojo Thompson 10 W.A.C.A. 201 esp. 205-212

TUTORIAL QUESTIONS

1. "It must be obvious to most people, especially the First Year Law student, how Britain
acquired Jurisdiction over the Gold Coast". Discuss.
2. "All that is good in our legal system can be traced to the Introduction of British Jurisdiction
into the Gold Coast". Comment.
3. "In their acquisition of Jurisdiction over the Gold Coast, the British left us with a terrible
legacy in good governance". Do you agree?

TOPIC 4: SOURCES OF LAW

GENERAL READING
LEGISLATION
1. 1992 Constitution, Articles 11, 93, 106-109, 51, 63, 63, 110, 124, 157-159, 167, 178, 189, 197,
203, 208, 214, 230, 241, 272, 281, 296.
2. Interpretation Act, 2009 (Act 792), ss. 1.
3. Courts Act, 1993 (Act 459), ss. 54, 55, 119, and second schedule.
4. Chieftaincy Act, 2008 (Act 759), ss. 49 to 56.
5. Supreme Court Ordinance, 1876 ss. 14 and 17.

CASE LAW
6. New Patriotic Party v. Attorney-General (31st December Case) [1993-1994] GLR 35-192, at
105- 106 per Abban JSC.

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 7. Nii Kpobi Tettey Tsuru Ill v. A-G Reference No. J6/1/2009, 19* May 2010.
8. Ahumah Ocansey v. Electoral Commission AND Centre for Human Rights and Civil
Liberties v. Attorney-General, Writ Nos: J1/4/2008 and Jl/5/2008, 23rd March 2010
(consolidated).
9. Matekole v. Electoral Commission and Attorney General [20121] SCGLR 244.
10. Nii Tetteh Opremeh v. Electoral Commission and Attorney General, Writ No. Jl/3/2011,
7th December 2011.
11. Okane v. Electoral Commission (2011] 2 SCGLR 1136.
12. Nana Kwarteng Panin Akosa II v. Attorney General [201212 SCGLR 1068.
13. Bou-chedid v. Yarley [1976] 2 GLR 255.
14. Billa v. Salifu [I97I] 2 GLR 87.
15. Ibrahim v. Amalbini [l978] 1 GLR 368.
16. Youhanna v. Abboud 1974] 2 GLR 201.
17. Agbosu v Kotey [2003-2005] 1 GLR 685
18. In re Okine (Decd); Dodoo v Okine [2003-2005) 1 GLR 630
19. Asare v Attorney-General WRIT NO. Jl / 6 / 2011
20. Martin Kpebu v. The Attorney-General Writ NO.Jl/13/2015. Decision of the Supreme
Court granted May 5th 2016.

BOOKS, MONOGRAPHS, ARTICLES,

1. Raymond Atuguba and F.S. Tsikata, Materials for Ghana Legal System (FLAW 101), Volume
One, (October 1998).
2. Victor Essien, "Sources of Law in Ghana" Journal of Black Studies, Vol. 24, No. 3, Special
Issue: Social, Economic, Political, and Cultural Dimensions of Life in Ghana. (Mar., 1994), pp.
246-262.
3. Victor Essien, Researching Ghanaian Law, available at http://www.nyulawglobal
.org/globalex/Ghana1.htm, visited 16th August, 2008.
4. Gordon R. Woodman, "Multiple Sources of Law: A Threat to Constitutional
5. Governance?" in Kennedy Gastom, Harald Sippel and Ulrike Wanitzek (eds), Processes of
Legal Integration in the East African Community, Dar Es Salaam University Press, 2011, p.
3ff. .
6. G.R. Woodman, Sources of Ghana Law (File no 389, Faculty of Law Library, University of
Ghana, Legon).
7. Albert K. Fiadjoe, Raymond A. Atuguba et al. (2011), From a Political to a Developmental
Constitution. Report of the Constitution Review Commission Presented to His Excellency the
President of the Republic of Ghana, Professor John Evans Atta Mills on 20th December 2011,
(Ghana Publishing Corporation), (960 pages).
8. F. S. Tsikata, "Research in Law" (handout).
9. F. A.R. Bennion, The Constitutional Law of Ghana pp. 403-407, 414-428 and Chapter 6- Modes
of Legislation, Pages 284-291
10. Glanville Williams, Leaming the Law (1l th ed) chapter 2.
11. W.C. Ekow Daniels, The Common Law in West Africa, chapter 4.
12. Snell's Equity (29th edition) pp 5-17, 27, 29-30.
13. G. R. Woodman, Customary Law in Ghana, Chapter 1.
14. G. R. Woodman "Some Realism about Customary Law - the West African experience" (1969)
Wisconsin Law Review 128.
15. A. N. Allot, New Essays in African Law. Chapter 1.
16. Raymond A. Atuguba, "Customary Law: Some Critical Perspectives in Aid of the

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 Constitution Making Process in Zimbabwe" in Norbert Kersting (ed), Constitution in
Transition: Academic Inputs for a New Constitution in Zimbabwe (Friedrich Ebert Stiftung,
2009) p. 291.

TUTORIAL QUESTIONS
1 “The sources of law in Ghana are chiefly statutory.” Discuss.
2 How may we resolve conflicting laws from different sources of law relating to a particular
matter or issue?
3 In an era when we preach and try to practice participatory democracy it is amazing how non
participatory our law-making processes are. Should we improve the processes to make them
participatory? If so, how may we do this?
4 Do you agree with the proposition that there is a growing resurgence of Customary Law in
Ghana today?

TOPIC 5: THE LEGAL PROFESSION IN GHANA

GENERAL READING

CONSTITUTIONAL PROVISIONS

1. Articles 153(f), 157(1) (c), 166(l)(l)(i), 201(e), 204(d), 206(e), 209(1)(d), 259(b)(ii) and
261 (c), 294, 1992 Constitution
2. Chapter 11, 1992 Constitution

STATUTES

1. Chapter I of Part II of the Criminal Offences Act, 1960 (Act 29)

2. Courts Act, 1993 (Act 459)
3. Legal Profession Act, 1960 (Act 32)
4. Legal Profession (Enrolment) (Amendment) Instrument, 1972 (Ll 761)
5. Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (Ll 613).
6. Ghana School of Law Bill, 2006
7. Advocates Act, 1961, India
8. Legal Profession Act, 2004, Canada

CASES

1. Fodwoo v. Law Chambers [1065] GLR 363 (Section 2 Of Act 3.2)

2. Ayarna v. Agyemang [1976] 1 GLR 306 (Section 30, 40 Act 32)
3. Joseph v. Jebeile [1963] 1 GLR 387
4. Agbemashior v. SIC [1972] 2 GLR 65 (Section 2(5) of LI 613 And 9 (b) of Code of Ethics)
5. Watalah v. Ghana Primewood Products Ltd [1973] 2 GLR 126 (Section 39 of Code of Ethics)
6. Northern Engineering v. Djokotoe [1980] GLR 332
7. Marfo v. The Republic [1981] GLR 722
8. Jones v. Buckle [1977] 2 GLR 145 (Acting Against Client)
9. Ankrah v. Ofori [1963] 2 GLR 403 (Acting Against Client)
10. Armah v. Amugi II [1992-93] 2 GBR

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 11. Ward Brew v. Ghana Bar Association (No.1) [1993-94] 2 GLR 439.
12. Ward Brew v. Ghana Bar Association (No.2) [1993-94] 2 GLR 518.
13. Henry Nuerty Korboev, Fancis Amosa, Civil Appeal No. J4/56/2014, 21st April 2016.
14. The Republic v. High Court (Fast Track Div), Accra, Ex Parte Teriwajah and Anor (Reiss &
Company (Ghana) Ltd Interested Party) [2013-2015] 1 GLR 168.
15. Republic v. General Legal Council, Chiarman, Disciplinary Committee, General Legal
Council and Association of Judges and Magistrates of Ghana, Ex Parte Dr. Clement Apaak
and Dr. Samuel Buame, AP 121/2011 (filed l0th June, 2011) (handout).
16. Aboagye da Costa v Disciplinary Committee of General Legal Council [1991] 2 GLR 313 –
317
17. Amarfio v. General Legal Council [1991] 2 GLR 479- 493.
18. Ekwan v. Ewusi xi; Botchey v. Ewusie (Consolidated) [1980] GLR 171-176.
19. Ashley v. The General Legal Council and Anor [2008-2009] 1 GLR 484.
20. Republic v High Court (Fast Track Division), Accra; Ex Parte Atakorah (Cudjoe, Interested
Party). [2013- 2015] 1 GLR 71.

ARTICLES/REPORTS/PAPERS

1. S.O. Manteaw, Reforming African Legal Education: Lessons from Ghana, H. J. A. N.

Mensa- Bonsu et. al. (eds) Ghana Law Since Independence: History, Development and
Prospects, (Faculty of Law, University of Ghana, Legon, 2007), p. 499
2. Robin Luckham, The Market for Legal Service in Ghana [1976] Vol. VIII No.1 RGL 7
3. Nana Dr. SKB Asante, Recollection of the History of the Law Faculty at Legon: The
Turbulent Early Years, Published in the handbook of the so" Anniversary of Faculty of
Law, University of Ghana (2009)
4. W.C. Ekow Daniels, The Birth of Legal Education in Ghana, Published in the handbook
of the so" Anniversary of Faculty of Law, University of Ghana (2009)
5. Martin Lau, Afghanistan's Legal System and its Compatibility with International Human
Rights Standards (Final Report), International Commission of Jurists (ICJ), Afghanistan -
Final Report on Afghanistan's Legal System and its Compatibility with International Human
Rights Standards, 7 February 2003, available at:
http://www.unhcr.org/refworldidocidl48a3fD2cO.html [accessed 21 February 2010]
6. Raymond A. Atuguba, "Changes in the Law, Legal Practice, and the Legal Profession in
Ghana", Paper Presented at the Inaugural Lord Denning Lectures Organised by the Lincoln's
Inn Ghana Alumni Association at the Adae Kesse Hall, La Palm Royal Beach Hotel, Accra,
28th May, 2007.
7. Raymond A. Atuguba, The Legal Profession in Ghana: Global Problems, Local Solutions,
Presentation at the 2008/2008 Annual Conference of the Ghana Bar Association (29th
September, 2008).
8. S. Date-Bah (JSC), The Legon Law Faculty and Education in Ghana: The Faculty and
Legon's Contribution to Legal Education and Education in General, Lecture delivered at
Faculty of Law, University of Ghana's Fiftieth Anniversary Celebrations (March, 2009).

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 9. Hon. Betty Mould Iddrisu, A-G and Minister of Justice, Speech delivered at Opening
Ceremony of the 7th Annual Law Students' Union Week Celebration, KNUST, Kumasi
(February 2010).
10. Hon Justice Michael Kirby, Legal Professional Ethics in Times of Change, Paper
delivered at the St. James Ethics Center Forum on Legal Ethical Issues, Sydney on 23 July
1996.

INTERNET SOURCES

1. About Ghana School of Law: http://www.gslaw.edu.gh

2. List of Chambers/Offices (2006/2007):
http://international.lawsociety.org.uk/ip/africal968/practise (posted: May 15, 2008;
visited: Feb. 21,2010).
3. List of Lawyers 10 Good Standing (2006/2007):
http://international.lawsociety.org.uk/ip/africal968/practise (posted: May 15, 2008;
visited: Feb. 21, 2010).
4. On the Ghana Bar Association: http://ghanabar.org/gbalau-lawyers.html; Also see:
5. http://international.lawsociety.org.uk/ip/africa/968 posted: May 15, 2008; visited: Feb.
22, 2010);
6. Oswald K. Seneadza, The Role of Legal Professionals in Consolidation Ghana's
Democracy and Good-Governance. http://businessandfinancialtimesnet the-TO 1 e-of-
legal-professionals-inconsolidating-ghanas-democracy-and-goodgovernance-2.html
(Visited on 2nd Feb. 2010)
7. Presence of Foreign Firms: http://www.lega1500.com/c/ghanallegal-market/legal-
market (visited on 22/02/2010)
8. The Legal Profession in India: http://en.wikipedia.orglwikilLegal.education In India
(visited on 22/0212010)

TUTORIAL QUESTIONS

1. “Most people think of the legal profession in terms of the lawyers practising before the
courts…This narrow conception of the scope of the legal profession is unjustified.” Discuss.

TOPIC 6: HISTORY OF THE COURT SYSTEM IN GHANA

&
JURISDICTION AND POWERS OF COURT AND QUASI – JUDICIAL BODIES.
READING LIST

STATUTES

1. English Judicature Acts of 1873-1875

2. Supreme Court Ordinance, 1876.

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 3. Courts (Amendment) Ordinance (No17 of 1957)
4. Court of Appeal Ordinance (No 35 of 1957), particularly section 23(1)
5. Commissioners of Assize and Civil Pleas Act (No 12 of1958), sections 2,3 and 4.
6. Local Courts Act (No 23 of 1958)
7. Courts Act, 1960 (CA 9)
8. Constitution (Consequential) Provisions Act, 1960 (CA 8), section 22.
9. Courts Decree, 1966 (NLCD 84)
10. 1969 Constitution
11. Courts Act, 1971 (Act 372)
12. Courts (Amendment) Decree, 1972 (NRCD 101)
13. Children Decree, 1977 (SMCD 133)
14. 1979 Constitution
15. Armed Forces Revolutionary Council (Special Courts) Decree, 1979 (AFRCD 3)
16. Public Tribunals Law 1982 (PNDCL 24)
17. 1992 Constitution, Articles 125-143, 295
18. Evidence Act 1975(NRCD 323), section 179(1)
19. Courts Act 1993(Act 459) as amended
20. Courts (Amendment) Act, 2002 (Act 620), s.2
21. Courts Regulations, 2020 (LI 2429)
22. District Court Rules, 2009 (CI 59)
23. High Court (Civil Procedure) Rules, 2004 (C.I 47) as amended by CI 87,101 and 102
24. Court of Appeal Rules 1997(CI 19) as amended
25. Supreme Court Rules 1996 (CI 16) as amended

CASE LAW

1. Appenteng II v Agyeman, Odikro of Dampong, Report of Land Cases 1938,p.1

2. Tutu Dadzie v James Dadzie, Report of Land Cases 1938-47,p 15.
3. Timitimi v Amabebe(1953) 14 WACA 374 @ 376
4. Tsatsu Tsikata (No.01) v Attorney General (No.1) [2001-2002] SCGLR 189
5. Attorney-General’s Department v Sweater and Socks Factory Limited (J1/12/2003) [2014]
GHASC 119 (29 January 2014)
6. Sosu vs. General legal council, (NOS. J8/42/2018 & J8/43/2018) [2018] GHASC 9 (14
February 2018)
7. British Airways and Another v Attorney-General (1996-97) SCGLR 547
8. Republic v High Court (Fast Track Division) Accra; Ex parte National Lottery Authority
[2009] SCGLR 390
9. Republic V High Court, Accra; Ex parte CHRAJ (Addo-Interested party), [2003-2004] 1
SCGLR 312
10. Republic v High Court, Accra; Ex parte Ghana Medical Association [2012] 2 SCGLR 768
11. Republic v High Court (Fast Track Division) Accra; Ex parte Electoral Commission (Mettle-
Nunoo & Others Interested Partes) [2005-2006] SCGLR 514
12. Fosuhene v Pomaa & ors [1987-88] 2 GLR 105 @124-127
13. Mornah v Ajorney-General [2013] SCGLR (Special Edition) 502

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 14. Attoh-Quarshie v Okpoti [1973] GLR 59 H.C @65
15. Mosi v Bagyina[ 1963] GLR 337
16. Ramadan and Another v Electoral Commission and Another (Ruling) (J8/108/2016) [2016]
GHASC 19 (05 July 2016);
17. Republic v High Court (Commercial Division A) Tamale; Ex parte Dakpem Zobogunaa
Henry Kaleem, Civil MoGon, No. J 5/6/2015, dated 4th June 2015
18. Republic v High Court, Accra; Ex parte Industrialization Fund for Developing Countries
[2003-2004] SCGLR 348
19. Council of Civil Service Unions v. Minister for the Civil Service [1985] AC 374
20. Republic v High Court (Fast Track Division) Accra, Ex parte Commission on Human Rights
and Administrative Justice (Richard Anane Interested Party) [2007-2008] SCGLR 213
21. L’Air Liquide Ghana Ltd v Anin & Ors [1991] 1 GLR 460

BOOK CHAPTERS AND ARTICLES

1. S.A Brobbey, Chapter 1 THE GHANA LEGAL SYSTEM: Structure ·and Hierarchy of the
Courts and Tribunals in Practice and Procedure in the Trial Courts and Tribunals of Ghana,
Blackmask, 1991.
2. A.N.E. Amissah, The Supreme Court One Hundred Years Ago in “Essays in Ghanaian Law
1876-1976” (eds.) W.C Ekow Daniels and G.R Woodman, Faculty of Law Publication,
University of Ghana, Chapter 1, pp. 1-31.
3. T. O Elias, A Note on the Supreme Court Ordinance, 1876, in “Essays in Ghanaian Law
1876-1976” (eds.) W.C Ekow Daniels and G.R Woodman, Faculty of Law Publication,
University of Ghana, Chapter 1, pp. 32-37.
4. Aziz Bamba, Commissions of Inquiry as Tools for Investigating Criminal Conduct: A Case
Review of Republic v Charles Wereko- Brobbey & Anor, University of Ghana Law Journal
Vol. XXIV 2016, pp. 217-264.
5. Aziz Bamba, The Law on Commissions of Inquiry in Ghana in As a Matter of Public Law
and Rights in Ghana, (eds.) A.P Atupare and K. Quashigah Lexis Nexis, 2020, pp. 285-312

TUTORIAL QUESTIONS

1. “Our court system has been in a state of flux since the colonial times and there is no
guarantee that the current court system will not be subject to further changes.”

In light of this statement, carefully examine the changes that have been made to
our court system since the inception of the Fourth Republic and the legal effects
of such changes.
2. Discuss the legal evolution of Ghana’s court system.

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TOPIC 7: ALTERNATIVE PROCEDURES FOR THE SETTLEMENT OF
DISPUTES
READING LIST

LEGISLATION AND CONVENTIONS

1. Alternative Dispute Resolution (ADR) Act, 2010 (Act 798)

2. High Court Civil Procedure Rules (C.I. 47)
3. Courts Act, 1993 (Act 459) in sections 72 and 73
4. New York Convention, (NYC 1958)
5. The Convention on the Settlement of Investment Disputes between States and Nationals of
other States (1966)
6. The United Nations Commission on International Trade Law (UNCITRAL) (1976)

CASES

1. Kwasi v Larbi [1956] 13 WACA

2. Martin Alamisi Amidu v Attorney General, Waterville Holdings (BVI) & Agbesi Woyome
(Suit No. JI/ 15/ 2012 dated 14th June, 2013).
3. Heyman v. Darwins Ltd. [1942] A.C.356.
4. Prima Paint Corp; Inc. v. Flood & Conklin Manufacturing Co. Ltd 388 U.S. 395 (1967) 402.
5. Republic v. High Court, Tema, Exparte MY SHIPPING PVT LIMITED AND DEEJONES
PETROLEUM & GAS LTD &ORS, [2011] SCGLR 1.
6. Attorney General v. Faroe Atlantic Co. Ltd [2005-6] SCGLR 271.
7. Attorney General v. Balkan Energy Ghana Ltd. & Ors Suit No. J/1/2012, dated 16th May,
2012.

SECONDARY MATERIAL

1. Judicial Service of Ghana, CCADR uniform practice manual (2007)

2. Judicial Service of Ghana, CCADR uniform practice manual (2010)
3. Roger Fisher, William Ury, Bruce Patton, Getting to Yes (Penguin Books, 3rd Revised
Edition, 2011)
4. Albert Fiadjoe, Alternative Dispute Resolution: A Developing World Perspective (Cavendish
Publishing Limited, 2004)
5. Clara Kasser-Tee, Mediation in Ghana: A critical examination of how Act 798 seeks to improve
Mediation and the Mediation Process in Ghana’, GIMPA Law Review, 2 (2017).
6. Nadja Alexander and Jill Howieson, Negotiation: Strategy, Style, Skills (Chatswood, NSW:
LexisNexis Butterworths, 2010)

TUTORIAL QUESTIONS

1. Critically analyse the nature, role and limits of the institutionalized Court Connected
Alternative Dispute Resolution (CCADR), which is a recognized aspect of the judicial process
in Ghana and the Alternative Dispute Resolution Act, 2010 (Act 798), in the official
resuscitation, practice, and enhanced use of Alternative Dispute Resolution (ADR) in Ghana.

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 2. Alternative dispute resolution methods, especially negotiation and mediation, involve
positions and interests in relation to the problem, process, people and principles or standards, all
of which affect the alternatives, options, commitments, and communication of the parties or
disputants. Discuss
3. Critically analyse and discuss the limits and strengths of arbitration as an alternative dispute
resolution method.
4. Court Connected Alternative Dispute Resolution (CCADR) and the Alternative Dispute
Resolution Act, 2010 (Act 798) have enhanced the use of Alternative Dispute Resolution
(ADR) in Ghana’s judicial process. Discuss.

TOPIC 8: LEGAL AID: HISTORY, PROBLEMS, AND PROSPECTS.

GENERAL READING

STATUTES

1. 1992 Constitution, Article 294

2. Courts Act 1993(Act 459) as amended, Section 114
3. Legal Aid Scheme Law, 1987(PNDCL 184) (Repealed)
4. Legal Aid Scheme Act 1997(Act 542) (Repealed)
5. Legal Aid Commission Act 2018 (Act 977)

CASE LAW

1. Kpekoro v The Republic [1980] GLR 580

ARTICLES, REPORTS, SURVEYS,

1. Bamba, The State of Public Interest Litigation in Ghana, WAPILJ Quarterly, Vol. 1, No. 1,
2009, pp. 1–23
2. Report on Access to Justice in Ghana: The Real Issues, 2006. (Raymond A. Atuguba, Kissi
Agyebeng & Enyonam Dedey)
3. Guide for Legal Aid Delivery in Ghana, 2014 (Ghana Legal Aid Scheme)
4. Report on Legal Aid Service Standard Operating Procedures (Justice Sector Reform
Programme). Available at
https://www.mojagd.gov.gh/sites/default/files/public/Legal%20Aid%20SOPs%20(Revis
ed).pdf.
5. Legal Resources Centre, https://lrcghana.org/

6. Ghana Legal Aid Commission, www.legalaidghana.org.

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 7. A Tool for Justice: The Cost Benefit Analysis of Legal Aid (World Bank) Available at
http://documents1.worldbank.org/curated/en/592901569218028553/pdf/A-Tool-for-
Justice-The-Cost-Benefit-Analysis-of-Legal-Aid.pdf.

8. Widening Access to Justice: Quality of Legal Aid and New UN Principles and Guidelines
on Access to Legal Aid (UNDP). Available @ http://europeandcis.undp.org

TUTORIAL QUESTIONS

1. Discuss any four (4) fundamental differences between the Legal Aid Scheme Act 1997 (Act
542) and the Legal Aid Commission Act 2018 (Act 977).
2. Critically assess the legal regime governing the provision of legal aid in Ghana.

The Ghana Legal System Teaching Team

January, 2022

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