The Ghana School of Law was established in 1958, by Ghana’s first President Dr. Kwame Nkrumah and was the first of its kind in Sub-Saharan Africa. The school is the leading Law School in the Sub-region and serves students from other Commonwealth countries in the Sub-region.
Entry Requirements
To qualify for admission to the Ghana School of Law for the Professional Law Course, applicants must be successful at the Entrance Examination. The categories of applicants listed below are eligible to write the Entrance Examination:
- ALL LLB graduates from the Faculties of Law of Public Universities in Ghana, including KNUST, Kumasi; University of Ghana(Legon) and GIMPA approved by the National Accreditation Board (NAB) and the General Legal Council (GLC).
- ALL LLB graduates from the Faculties of Law of Private University Colleges in Ghana approved by the NAB and GLC.
- ALL Ghanaian LLB graduates or holders of equivalent law degrees from Universities in the United Kingdom, Canada, United States of America and other common law jurisdictions who have obtained passes in all the prescribed subjects/courses for admission to the Professional Law Course.
- For the avoidance of doubt, applicants from overseas/foreign Universities who possess LLB certificates or certificates for equivalent law degrees shall be eligible to write the Entrance Examination if such applicants have passed the subjects below at the LLB or equivalent level:
- Ghana Constitutional Law
- Ghana Legal System and Methods
- Criminal Law
- Law of Equity and Succession
- Law of Torts
- Law of Contract
- Law of Immovable Property
- Company Law
- Commercial Law
In addition to the nine (9) subjects listed above, applicants must have studied and passed any one of the following subjects:
- Law of Natural Resources
- Environmental Law
- Intellectual Property Law
- Law of Taxation
Applicants who are admitted to undertake the Professional Law Course are enrolled as Barristers at Law and Solicitors of the Supreme Court upon their successful completion of the Course.
The following courses are offered at the Ghana School of law;
- Family Law and Practice
1. GENERAL
Definition and Scope Marriage and the Family The Laws Applicable Jurisdiction Marriage as a Special Contract and Breach of Promise of Marriage
2. POLYGAMOUS MARRIAGES
Customary Law Marriages Common Features. Formalities, Essentials Critical Analysis Cases, Articles, etc Customary Marriage: Are there different types? Statutory Registration of Customary Marriages and Divorces
- Law of Evidence
COURSE OUTLINE
1. INTRODUCTION
a. The Development of the law of Evidence: Common Law and Statutory Law in Ghana
b. Scope of the Law of Evidence
c. Evidence and substantive law
d. Sources of law of evidence
I, The Bill of Rights under 1992 Constitution and law of evidence
II. Evidence Decree, NRCD 323 (Now Evidence Act, Act 323)
e. General notions underlying law of evidence
Purposes and categories of judicial evidence
Objects of Proof: Judicial enquiry
a. Facts in Issue
b. Preliminary/collateral facts
Means of Proof: Traditional Classification of Rules of Evidence
a. Oral testimony
b. Hearsay Rule and Exceptions
c. DOCUMENTARY Evidence
d. Things (Objects) or tangible evidence
e. Circumstantial evidence: facts as evidence of other facts
f. Traditional evidence
g. Digital or e-evidence
2. RELEVANCE, ADMISSIBILITY AND WEIGHT OF EVIDENCE
Admissibility of Relevant Evidence
a. Meaning of Relevance
b. The inadmissibility of irrelevant evidence
c. Inadmissibility of insufficient relevant evidence
d. Admissibility and weight of evidence
e. Relevant, admissibility and Evidence Decree
f. Judicial discretion and admissibility of evidence
g. Evidence as regards character
h. Evidence obtained by illegal or unfair means
i. Fresh evidence on appeal
3. MATTERS NOT REQUIRING PROOF/BURDEN OF PROOF
a. Judicial findings as evidence
b. Judicial notice
c. Facts judicially noticed without enquiries
d. Judicial notice upon enquiries
e. Political matters
f. Historical facts
g. Customs and professional practices
h. Personal knowledge and judicial notice
i. Formal admissions
j. Foreign law
k. Burden of Proof
l. Nature of the burden of proof
m. The persuasive burden
n. Express statutory exceptions
o. Implied statutory exceptions
p. Evidential burden
q. Provisional/tactical burden and shifting of the burden
r. Defenses and burden of proof: insanity
s. Standard or degree of proof
t. Preponderance of probabilities
u. Proof beyond reasonable doubt
v. Proof of crime in civil cases
w. Matrimonial cause and standard of proof
4, PRESUMPTION
a. Meaning of presumption and inference
b. Conclusive (irrebuttable) presumptions
c. Rebuttable presumptions
d. Authentication and identifications
e. Estoppel
f. Estoppel by records (Res judicata)
g. Judgment in rem: Conclusive effect
h. Types of estoppels res judicata
i. Legal issue estoppelsJudgment of competent court
j. Privity, identity and capacities of parties
The subject matter of action
ii. Estoppel by conduct
iii. Acquiescence
k. Estoppel in criminal cases: double jeopardy
l. Estoppel relating to written instruments
5.THE TRIAL BY JUDGE AND JURY
The functions of the judge and jury
a. General rule
b. Exceptions
c. Foreign law
d. Reasonableness
e. Facts affecting the admissibility of evidence
f. Judicial Control of the Jury
g. Withdrawal of an issue from the jury
h. Discretion to exclude admissible evidence
i. Summing up
6: WITNESSES
a.General and historical overview
b. Non-Christians and atheists
c. Parties to action
d. Spouses of the parties
e. The accuse
f. Special categories of witnesses
g. Children: competence; compellability
h. Spouses; ex-spouses; other relationships: competence and compellability
i. Competence of an Accuse as a witness
j. Sovereign and diplomats
k. Judges and jurors
l. Court’s witnesses
m. Oaths and affirmations
7. PROCEDURAL MATTERS RELATING TO WITNESSES
a. Witnesses to be called in civil/criminal proceedings
b. The order of calling witnesses
c. Questioning of witnesses
d. Examination-in-chief
e. Leading questions: meaning and prohibition
f. Refreshing memory
g. Hostile/unfavorable witness
h. Cross-examination
i. Collateral questions and finality of answers
j. Testing credibility of witness
k. Rule against self-serving or narrative and exceptions
l. Complaints in sexual cases
m. Statements to rebut allegations of recent fabrications
n. Res gestae
o. Testing credibility generally under Evidence
p. Previous inconsistent statement
q. Exhibition of bias
r. Corroboration
s. Re-examination
8. EVIDENCE OF CHARACTER
a. Evidence of previous conviction
b. Good character
c. Similar facts evidence and proof of identity
9. PRIVILEGE
a. General Introduction
b. Privilege against self –incrimination
c. What constitutes incriminating evidence?
d. Evidence incriminating strangers/companies
e. Current development in Europe
f. Legal professional privilege
g. Confidential communication
h. The protected material
i. Legal advice/Litigation
j. Privilege of client
k. Duration of privilege
l. Waiver of privilege
m. Exceptions
n. What constitutes voluntariness
o. Qualification of independent witness
p. Determining admissibility of confessions: the voir dire
q. Res gestate
r. Dying declarations
10. DOCUMENTARY EVIDENCE
a. Primary/best evidence rule
b. Exceptions: secondary evidence rule
c. Official writings (documents)
d. Banker’s books
e. Parol evidence rule: as aid to interpretation
f. Extrinsic evidence and construction of wills
g. Illiteracy and proof of documents
11. OPINION EVIDENCE
a. General rule and exceptions
b. Expert opinion
c. Lay opinion
d. Dangers of expert evidence
e. Admissibility of expert evidence
f. Relevance
g. Necessity in assisting the tries of facts
h. Absence of exclusionary rule
i. Fraud
j. Disputes between cli8ents and legal advisers
k. Statutory exclusions
l. Claims by other professional relationships
m. Priest and penitent
n. Physician and patient (Mental treatment)
o. Marital communication privilege
p. Matrimonial reconciliation
q. Compromise/settlement negotiations
r. Identity of an informant
13. HEARSAY EVIDENCE
a. The general character of hearsay rules
b. Evidence Decree and hearsay evidence
c. Exceptions to the general hearsay rule
d. Former testimonies
e. Evidence of state of mind
f. Business and public records
g. Family history and pedigree
h. Credibility and examination of hearsay declarant
i. Admissions
j. Confession statements
k. Properly qualified expert
l. Qualification of expert
m. Expert opinion and ultimate issues
n. Consideration of weight of expert evidence
o. Lay (non-expert evidence)
14. PUBLIC POLICY AND LAW OF EVIDENCE
a. Matters of public interest
b. National security and diplomatic relations
c. Identity of informants
d. Discovery, disclosure and inspection of documents
e. Public policy and illegality
*recommended Materials
1. Maxwell Opoku-Agyemang, Law of Evidence in Ghana, KP Publishing (2010)
1. Cross and tapper on Evidence 10th Edition
2. Stephen, Digest of the Law of Evidence
3. Rosamund Reay, Evidence 5th Edition
4. Ofori-Boateng, Ghana Law of Evidence
5. Brobbey, Practice and Procedure in the Courts and Tribunals of Ghana
6. Brobbey, Essentials of the Ghana Law of Evidence
6. Bimpong-But, the Law of interpretation in Ghana
8. John H. Wigmore, A Students Textbook of the Law of Evidence (1935)
9. Richard Eggleston, evidence, Proof and Probability (1978)
10. William P. Richardson, The Law of Evidence, 3rd ed (1928)
Prepared.by: Maxwell Opoku-Agyemang, Lecturer, Law of Evidence (2014-2015)
- Advocacy and Legal Ethics
COURSE OUTLINE
PART ONE
- Effective communication
- Written and oral
- Principles of communication for lawyers
- Proper use of language
- Category of audience a lawyer will deal with
- Interviewing-types and purpose in advocacy
- Listening-types and purpose in advocacy
- Passive Listening
- Responsive Listening
- Receptive Listening
- Active Listening
- Questioning – types and role in advocacy
- Leading question
- Open ended questioning
- Close questioning
- Yes and No questioning
- Alternate questioning
- Transition
- Point of reference
- Rhetorical question
- Non-verbal communication-types and role
- Eye contact
- Body posture
- Hand movement
- Hand gestures
- Leg movement
- Hand shaking
- Preconceptions-Dangers and purpose in advocacy
- You and your voice
- Advocate as a storyteller
- Meaning and foundation of advocacy
- Qualities of an advocate
- Practice and industry
- Tenacity
- Courage
- Self – Control
- Honesty
- Presence
- Judgment
- Language
- Humanity
PART TWO
LITIGATION IN DISPUTE RESOLUTION
- Opening Speech/Address
- Examination-in-chief
- Cross-examination
- Closing Speech
PART THREE
LEGAL ETHICS
- Legal Profession Act 1960, Acct 32 and Amendments
- Legal Profession (Prof. Etiquette Rules 1969 L.I. 613)
- Constitution and code of Ethics of the GBA
- Four-Fold Duties of a Lawyer
- Dress code
PRACTICAL PROGRAMMES
- Visit to Nsawam Medium Security Prisons
- Courtroom visits- Supreme Court, Appeal Court and High Court
- Internal Advocacy Moot Presentations
RECOMMENDED TEXTBOOKS
- Advocacy Negotiations and Conference skills (Blackstone Press Ltd)
- The Art of the Advocate (Richard Du Cann)
- The Techniques of persuasion
- The Art of Cross – examination (Francis Welman)
- Golden rules of Advocacy (Keith Evans)
- Conveyancing
CONVEYANCING AND DRAFTING SYLLABUS
2016/2017
THE COURSE IS DIVIDED INTO THE FOLLOWING THREE AREAS:
1. Substantive Law
2. Conveyancing Theory
3. Practical Drafting
The ultimate goal of the course is to equip students with adequate knowledge of the substantive land law in Ghana. A thorough understanding of this is necessary in order to help the student excel in practical drafting.
The course is designed to help students undertake d rafting assignments successfully. Among other things the course will help students to the following:
I. Approach drafting tasks with confidence;
II. Organize and complete drafting tasks efficiently;
III. Work skillfully with conceptually complex materials;
IV. Choose language strategically;
V. Write clearly, concisely, and without inadvertent ambiguity;
VI. Draft documents with readable structure and style;
VII. Attendance and participation are required. Participation consists of more than mere attendance. Students must show that they have prepared by reading and thinking about assigned materials;
VIII. Students must show that they understand or are making an effort to understand the concepts and principles discussed.
Substantive law and drafting
1. Interests in land-
Allodial tittle;
Freehold
Interests less than the freehold;
a. Leases
b. Sub leases
c. Deed of assignments
d. Tenancies
e. Licenses
f. Easements and profits
g. Restrictive covenants
2. Due diligence of title antecedents
a. Requisitions on title
b. Searches and enquiries
3. Contract for the sale of land:
a. Statutory requirements of contract
b. Open contracts
c. Advantages and disadvantages of open contract
d. Formal contract
e. Particulars of sale
f. Conditions of sale
4. Effect of contract of sale pending completion:
a. Position of the vender
b. Position of the purchaser
c. Death of either party
d. Vendor’s and purchaser’s liens
5. Remedies for breach of contract.
a. Damages
b. Specific Performance
c. Rescission
6. Completion:
a. What constitutes completion on the part of the vendor and on the part of the purchaser;
b. Post completion matters.
7. Stamping and registration of conveyances:
a. Necessity for stamping and effect of failure to stamp;
b. Registration under Land Registry Act, 1962 (Act 122);
c. Registration under Land Title Registration Law, 1986 (P.N.D.C.L. 152)
8. Statutory Declaration
a. Powers of Attorney
b. Co-ownership
9. Mortgage:
a. Preliminary enquiries;
b. Form of mortgage instrument;
c. Form of a transfer of a mortgage;
d. Form of a discharge of a mortgage;
e. Synopsis of the Mortgage Act, 1972 (NRCD 96).
10. Wills
a. Form of a will
b. Form of a Vesting Assent
c. Form of a Codicil
d.The will in practice including probate and administration.
11. Adverse possession
12. Reference Books, Statutes and Articles
Books:
a. Aidoo E.S. Conveyancing and Drafting-the Law and Practice in Ghana;
b. Crabbe S.A. Law of Wills in Ghana (1998);
c. Da Rocha and Lodoh: Ghana Land Law and Conveyancing, 2nd Edition (a must for every student);
d. Da Rocha and Lodoh: Practical Draftsman (a must for every student);
e. Evans and Smith, ‘’The Law of Landlord & Tenant’’; (6th ed). Butterworths (2003);
f. Kelly’s Draftsman, 18th edition (2003);
g. Kludze A.K.P. Ghana Law of Landlord and Tennant (1993);
h. Opoku –akyeampong D.K.; The Acquisition, sale and Rental of Property in Ghana;
i. Opoku-akyeampong D.K.; The Acquisition, Sale and Rental of Property in Ghana-Casebook;
j. Woodman G.R.; Customary Land Law in the Ghanaian Courts (1996).
13. Statutes:
1. 1992 Constitution of the republic of Ghana;
2. Administration of Estates Act, 1961 (Act 63);
3. Administration of Estates (amendment ) Law, 1985 (PNDCL 113);
4. Administration of Lands Act, 1962 (123);
5. Administration of Lands (Amendment) Decree, 1979 (AFRCD 61)
6. Bills of Exchange Act, 1961 (Act 55);
7. Borrowers and Lenders Act, 2008 (Act 773);
8. Conveyancing Act, 1973 (NRCD 175);
9. Farm Lands (Protection) Act 107);
10. Land Development (Protection of Purchasers) Act, 1962 (Act 2);
11. Land Registry Act, 1962 (Act 122);
12. Land Title Registration Law, 1986 (PNDCL 152);
13. Land Commission Act, 2008 (Act 767);
14. Lands (Statutory Wayleaves) Act, 1963 (Act 186);
15. Limitations Act,, 1972 (NRCD 54);
16. Mortgages Act, 1972 (NRCCD 96)
17. Mortgages (amendment) Act, 1979 (AFRCD 37);
18. Powers of Attorney Act, 1998 (Act549);
19. Rent Act, 1963 (Act 220);
20. Stamp Duty Act, 2005 (Act 689);
21. States Lands Act, 1962 (Act 125);
22. State Lands (Amendment) Act, 1968 (NLCD 234);
23. State Lands (Amendment) Act, 2000 (Act 586)
24. Statutory Declarations Act, 1971 (Act 389);
25. Volta River Development Act, 1961 (Act 46);
26. Wills Act, 1971 (Act 360);
27. Home Mortgage Finance Act, 1993 (P.N.D.C.L 329)
28. National pensions Act, 2008 (Act 766)
SUBSIDIARY LEGISLATION
Land Registry Act, (Commencement) Instrument 1965 (L.I. 1450)
Land Title Regulations, 1986 (L.I. 134)
Probate and Administration Rules, 1991 (L.I.1515)
14. Articles
Acquaye E., Administration and Development of Stool Land in Ghana [1969]GRL Vol No. 3 174-182
Acquaye E., Administration and Development of Stool Land in Ghana [1970] GLR Vol II No. 1, 22-29
Agbsu L.K, Registrable Transactions: Boateng v Dwinfour [1980] Vol XII RGL 166-175
Agbosu L.K, Individualization of Interests Under the Customary Land Law of Ghana [1981-82] Vol XIII &XIV RGL 35-50
Agbosu L.K., The Consequence of Land Registration [1983-86] Vol XV RGL 226-238
Aidoo E.S., Land Title Registration Law : An Introduction [1983-86] Vol XVRGL 112-128
Ampofo K.K.K., Testamentary Freedom and Support for Developments[1990-92] Vol. XVIII U.G.L.J. 138-179; 180-193
Ansah S. Baeta & K.A. Boateng , Commentary on Mortgage Financing and Foreclosure in Ghana (2004) 1 BFL JG 88
Asante-Ansong S., Executive Control of Land Use [1978] Vol X Nos. 2&3 RGL 152-168 Asante –Ansong S.Title Registration in Ghana [1981-82] Vol. XIII &XIV RGL 51-72
Asante –Ansong S., Compulsory Land Purchase and Compensation [1976] Vol. VII No. 1 RGL 28- 38
Bimpong –Buta S.Y., Burden of Proof in Land Suits [1989-90] Vol XVII RGL 349-359
Josiah –Aryeh N.A., Emergence of a Statutory Concept of Land Law in Ghana [2008-2010] Vol. XXIV 1
Kludze A.K.P., Modern Ghanaian Law of Mortgage [1974] Vol. XI No. 1 U.G.L.J. 1-19
Kom E.D. Nature of a Member’s Interest in Family Land [1966] Vol III No. 2 U.G.L.J. 122-138
Kom E.D. Limitation of Action to Recover Land [1968] Vol V No. 1 U.G.L.J. 13-75
Kom E.D. Declaration of Title to Land [1969 Vol. VI No.1 U.G.L.J. 18-39
Kom E.D. Defences to an Action for Declaration of Title to Land [183-86] Vol XV RGL 152-169
Kotey N.A.E. Rights and Obligations of Residential Landlords and Tenants [1986-90] Vol XVII U.G.L.J 100-159
Kotey N.A.E. The Termination of Leases [1990-92] Vol XVIII U.G.L.J. 30-48
Lodoh C.H.K. A Case for the Formmal Approach to Land Acquisition in Ghana, 1 GSLJ [2002] 56
Lodoh C.H.K., The Mortgage Agreement and the Mutuality Principle, 1 GSL J [2002] 76
Nii-Aponsah D.A., The scope of the Right of Testation and Incidennts of the Ga Six-Cloth Marriage [1993-95] 19 RGL 140
Ofori- Boateng J.,The Nature of a Lease at Common Law and Under the Rent Act, 1963 (Act 220) [1971] VOL III No. 3 RGL 194-208
Owusu S. Founding Specific Performance on Licence, Unjust Enrichment and Estoppel [1981-82] Vol XIII &XIV RGL 135-166
Tsikata F.S., The Wills Act, 1970 (Act 360) [1972] Vol. IV No. 1 RGL 5-21
Woodman G.R., The Formalities and Incidents of Conveyances in Ghana [1967] Vol IV U.G.L.J. 1-27
Woodman G.R. The Allodial Title to Land [1968 ] Vol V No 2 U.G.L.J. 79-114
Woodman G.R., Giving Teeth to the Land Registry Act, [1972] Vol IV No. 3 RGL 231-241
Woodman G.R., Registration of Instruments affecting land [1975] Vol. VII No. 1 RGL 46-61
Woodman G.R., Land Registry Act Bites (Somewhat) [1979] Vol XI Nos 1-3 RGL 31-39
Woodman G.R., Land Use Policy and the Extent of the Usufruct [1981-82] Vol XIII & XIV RGL 200-204
Woodman G.R. Land Registry Act: New Issues for Old [1989-90] Vol XVIII RGL 301-317
Woodman G.R., La Stool Land Dispute [1989-90] Vol. XVII RGL 338-348
October 6, 2016
Note:
I. Banking and Financial Law Journal of Ghana – BFLJG
II. Ghana school of law Journal- GSLJ
III. Review of Ghana Law – RGL
IV. University of Ghana Journal- UGLJ
- Company & Commercial Procedure
Company Law Article Index Company Law Commencement of Business: Section 39(1)) Section 9(3) of the Companies Code All Pages.
Companies Code, 1963 (Act 179) Report of the Commission of Enquiry into the Working and Administration of Company Law in Ghana (1961) (Gowers Report) Paul Davies, Gowers Principles of Company Law (6th Edition) Robert R. Pennington, Penningtons Company Law (8th Edition) J.H. Farrar & B.M. Hannigan, Farrars Company Law (4th Edition) History of Company Law Gower, Chaps 2 & 3 J.E.A Mills, Ghanaian Courts and the Companies Code [1987-88] Vol XVI RGL Sources of Company Law Companies Code, section 3(1) Common Law & Equity, section 7, section 216 Gowers Report?Purposes & Consequences of Incorporation Legal requirement, section 5 Legal personality, section 24.
Section 210, Limited liability, section 9 Property Legal action, section 263 Perpetual existence/succession Transferability of interest, section 294 Tax considerations Internal Revenue Act, 2000 (Act 592), sections 44, 45 and 83 Inequitable results? Lifting the Veil Legislative Inroads Judicial Inroads Promoters Definition: Section 12(1) Duties: section 12(2) Fiduciary Relationship: Section 12(2)(a) Utmost Good Faith: section 12(2)(b) Duty of Skill, Care & Diligence Use of Insider Information Validity of disclosure: section 12(4) Remedies Pre-Incorporation Contracts Definition: Section 13(1) Common Law Position Ghanaian Position: section 13 (1) & (2) Types of Companies.
Company Limited by Shares Company Limited by Guarantee Conversion of Company Limited by Shares into a Guarantee Company, Unlimited Company: Public and Private Companies Differences External Company: Non-Ghanaian Company: Holding & Subsidiary Companies Associated Company: Other Forms of Business Organisation Sole Proprietorship Partnerships Voluntary Associations Statutory Corporations Cooperative Societies Building Societies Unit Trusts Joint Venture Franchise Agreements Mechanics of Incorporation Name of a Company: sections 15 and 121(1) Functions and Status of the Regulations.
13 Ultra Vires Doctrine: Remedies Injunction Action for Breach of Directors Duties Oppression, section 218 Ultra Vires acts, Winding Up Avoiding Ultra Vires Transactions 14. Membership of Companies Definition: The Subscribers Other Members How Membership Ceases Rights of Members, sections 31 and 210 15. General Meetings Annual General Meeting Extraordinary General Meeting Notice, Quorum Proxies, Conduct, Resolutions, Ordinary Resolution Special Resolution Written Resolution: Voting, 16. Directors, Secretaries and Auditors Who are Directors Nature of office De facto and Shadow Directors Number of Directors (): Private v Public Companies Appointment Casual Vacancy Competence (Infants Share Qualification (section 183) Vacation of Office (section 184) Removal, sections 21(2), 185, 194 and 272 Types and Classifications of Directors Substitute Director (section 187) Alternate Directors (s.188) Executive Directors (section 192) Managing Director (s.193) and s.138(b), Presence of Directors in Ghana (section 189) Remuneration (sections 194 & 196) Meetings (sections 200-201).
Duties of Directors (sections 203-208) Duty to shareholders?. Duty to Creditors? Duty to employees? Conflict of Duty and Interest Sections 205-207 Remedies for breach of Directors Duties (sections 209 -210) Auditors Appointment- Companies Code, Section 134, Section 270 and 296 Role and Status- First Schedule of the Companies Code Duties and Powers- Companies Code, section 136 Removal, Section 135 Secretaries Companies Code, sections 190-192 17. Distribution of Power between Shareholders and Directors Limitations on Powers of Directors (sections 137, 202,203 and 204) Default powers of shareholders Section 137(5) 18. Majority Rule and Minority Protection The majority rules (The Rule in Foss v, Harbottle) Foss v. Harbottle (1843) 67 Exceptions Illegality, Section 217 Oppression (section 218(1)(a)) Unfair Prejudice (section 218(1)(b)) Capacity and Interests Affected 19. Shares No Par Value, section 40 Issue of shares, section 22, 41 and 74 Payment for shares, sections 41 and 42 Classes, section 46 Preference Shares, section 48 Preferential Dividend, section 51(a) & (b) Cumulative Preferential Dividend, section 51 Non-Cumulative Dividend Preferential Capital Convertible Preference Shares.
Redeemable Preference Shares, sections 56, 59-63 Ordinary shares Deferred Shares Employee shares Variation of Class Rights, sections 46, 47 and 231 Payment for shares, section 40, 42, 43 and 45 Transfer of shares, sections 95 to 102, and 294. 20. Debentures Definition- Section 80 of the Companies Code Kinds of Debentures Sections 84-86 of the Companies Code Fixed Charges Floating Charges Sections 87-90 of the Companies Code Banking Act, 2004 (Act 693) s. 82 Receivers and Managers Sections 88, 236 to 245, Natar v Boye (The Receiver) & Fyne Ltd [1992] 2 GLR 145 Yungdong v Roro [2005-2006]SCGLR 816 Charge over book debts; fixed or floating? Registration of Particulars of Charges Sections 107 to 118 of the Companies Code.
Listed Companies 21. Raising of Capital Methods of Raising Capital Invitation to the public Placement, section 202 (1) (b) Rights Issue, section 202 (1) (b) Capitalisation/Bonus Issue/Scrip Issue (See section 74) Invitation to the Public, section 265, 266, 267 The Prospectus and the Statement in lieu of Prospectus Section 274, 275 of the Companies Code, Regulation 50, 51 and 52 of Securities and Exchange Commission Regulations 2003 (LI 1728) Contents: Sixth Schedule and Seventh Schedule of the Companies Code, Fifth Schedule of LI 1728 General or Restricted Invitations, sections 276(1) and 277 Experts (section 278) Registration of Prospectus (section 279). Section 9(j) of Securities Industry Law, 1993(PNDCL 333) Void Subscriptions, section 283 Minimum Subscription, section 284 Liability for Misstatements & Omissions Listing of Securities Role of the Securities and Exchange Commission, Securities Industry Law, 1993 (PNDCL 333), section 9. 22. Capital Maintenance The doctrine of capital maintenance Stated Capital: Companies Code, section 66 Payments, returns or distributions to shareholders Companies Code, section 75(1) Lawful payments, returns or distributions to shareholders Sections, 69, 70, 71,72,73,75,76,77 , 79 292 and 293 Unlawful payments, returns or distributions.
Disguised Distributions Consequences of unlawful payments, returns or distributions Sections 71(2), 292 and 293 of the Companies Code Capital Reduction Sections 67, 75, 76, 77, 78 and 79 of the Companies Code Why reduce stated capital? Procedure for confirmation of resolution reducing stated capital. Prohibited Transactions in shares Section 56 of the Companies Code Financial Assistance for the purchase of shares Section 56(1) What constitutes financial assistance, form or substance? Exceptions to rule against financial assistance Section 58 of the Companies Code Purchase by a company of its own shares Section 56(1) (d) of the Companies Code Why buy own shares? Reasons for restriction. Exceptions Sections 59-65 of the Companies Code Voluntary contributions Section 24 and 202(1) of the Companies Code 23. Arrangements and Amalgamations [Mergers and Acquisitions] Sections 202(1) (a); 212 to 214; and 229 to 235 of the Companies Code GSE Takeover Code Securities Industry Law (1993) (PNDCL 333); Securities and Exchange Commission Regulations, 2003 (LI 1728). 24.
Winding Up,Section 246 Official Liquidation and Private Liquidation Banking Act, 2004 s. 68 &69 Private Liquidation (sections 247 & 284); s.69 of Act 673 Steps Required: Declaration of Solvency, section 247 Special resolution Registration of Special resolution with Registrar of Companies Liquidator Definition, schedule 1 Appointment (section 250)Remuneration (section 251) Qualification (section 252)Status (sections 253 and 254) Powers (section 255) Duties (sections 256-258) Powers of the Court Stay of Proceedings (section 259) Dissolution (section 260) Dissolution without full winding up (section 261) Official Liquidation, section 1 of Act 180 S. 68 of Banking Act, 2004(Act 673); Act 738 s.26 and s.27 Special Resolution, section 2 of Act 180 Petition to the Registrar, section 3 of Act 180 Petition to the Court, section 4 of Act 180 Billy v. Kuwor (supra) The just and equitable principle Petition by Bank of Ghana, Banking Act 2004 (Act 673)sections 62& 68 Powers of Liquidator, section 9 of Act 180.
Duties of Liquidator Section 36 to 42 of Act 180 Conversion of private liquidation to official liquidation
- Interpretation of Deeds & Statutes
1. PRELIMINARY ISSUES OF INTERPPRETATION
2. BASIC RULES OF INTERPRETATION OF NON STATUTORY DOCUMENTS
3. BASIC RULES OF INTERPRETATION OF STATUTES
4. AIDS TO INTERPRETATION
5. PRESUMPTIONS
6. OUSTER CLAUSES
7. TEMPORAL OPERATION AND APPLICATION OF LEGISLATION
8. INTERPRETATION OF A NATIONAL CONSTITUTION (SUCH AS THE 1992 CONSTITUTION OF GHANA) RECOMMENDED TEXTBOOKS All Pages Meaning / Object of Interpretation Object of Interpretation and the intentions of author(s) of document ,Statute or National Constitution How intention is ascertained unilateral, bilateral and multilateral Non- statutory Documents: Statutes ; and National Constitution .
When to resort to Interpretation Difficulties of Interpretation/ Conditions of doubt which necessitate Interpretation Canons / Rules of Interpretations Basic rules, Aids, Presumptions and Special binding statutory rules (e.g. in CA4). Validity in interpretation of (i) Objectivity, Justification and Evaluative standards in interpretation. Interpretation of (i) Non Statutory Documents (ii) Statutes and (iii) National Constitutions compared/ contrasted. Some definitional and terminological issues of interpretation Legal basis for interpretation in Ghana.
(I)Definition / Types of Documents Object of interpretation of non statutory Documents. intention or purpose or author(s) and the object of Interpretation of non statutory documents under the Modern Purposive Approach including unilateral non- statutory documents (e.g. a Will) and bilateral /multilateral non statutory Documents (e.g. contracts) Basic rules under the Modern Purposive Approach to interpretation of non statutory documents including unilateral non- statutory documents (e.g. a Will and bilateral /multilateral non statutory Documents (e.g. contracts) Interpretation must be as near to the intention or purpose of author (s) as the law would permit. Interpretation of document or particular part of its/intention or purpose of author s) to be sought for in the document itself or in elements of its proper context. Document to be construed as a whole Ordinary or plain meaning rule : words of phrases etc to be taken at first instance in their ordinary or plain meaning context. Technical words to have their technical meaning. Ordinary or plain meaning may be modified in favour of some secondary or less usual meaning so as to avoid absurdity and inconsistency e.t.c with the intention or purpose of the author (s). Courts have power in appropriate circumstances to correct mistakes (i) by construction or (ii) Rectification.
(i) Objects of Interpretation of statutes ; intention or purpose of Legislature and object of Interpretation of statutes under the Modern Purposive Approach
(ii) Historical introduction to be basic approaches to the Interpretation of Statutes.
(iii) Basic rules under the Modern Purposive Approach to Interpretation of Statutes: Interpretation must be as near possible to the intention or purpose of framer (s) as the law would permit. Interpretation of statutes or particular part of it /Intention or purpose of framer (s) ordinarily to be sought for in the statutes itself or in elements of its proper context. Statute to be construed as a whole . Ordinary or plain meaning rule. Words ,phrase or sentences etc to be taken at first instance in their ordinary meaning or where appropriate their technical meaning in context. Secondary meaning rule Necessarily implied rule /Powers of court to correct errors in statutes (I0 Construction and (ii) by Rectification. Introduction to Aids Interpretation. Internal and External Aids Internal Aids. Parts of document (e.g. a traditional conveyance ) as aids to Interpretation. Legal effect of non operative parts : e.g., recitals punctuation, marginal notes, heading and titles etc Legal effect of operative parts : e.g. parcels, habendum, schedules, provisions ,definition/ interpretation sections. Parts of Statute as aids to Interpretation of Statutes
(II) Legal effect of non- enacting or descriptive parts of Statute e.g. long title ,short title , preamble ,heading marginal notes ,footnote etc. (ii) Legal effect of enacting or operative parts of Statute eg. Section, schedules, provisions, saving, interpretation section. ( c) Rules of language or linguistic canons of construction applicable to both Non- statutory Documents and Statutes.) (i)Expressio unius est excusio alterius rule (ii) Ejusdem generis rule (iii) Noscitur a sociis rule
III External aids External aids applicable exclusively or largely to construction of Non statutory Documents (i) contra proferentem rule (ii) falsa demonstration rule (iii) expresso eorum quae tacite insunt nihil operator maxim Some External Aids applicable expressively or largely to construction of statutes : (i) Textbooks (ii) Dictionaries (iii) Practice (iv) Historical setting (v) Contemporanea esposito (vi) Ut res magis valet quam perat (vii) Common sense guide
(i) Introduction to Presumptions in Interpretation (ii) Presumption applicable to interpretation of Non statutory document. Presumption as to the meaning or of specific expressions or provisions when used in some non-documents. Presumption of consistent expression Presumption against redundant words or surplusage( Presumption against tautology). Presumption against unreasonable results Presumption against impossibility (in the case of contracts) Presumptions as to the effect of erasures or alterations in non statutory presumption of non statutory presumption of non knowledge by an illiterate of contents of documents executed by him. (iii) Presumption in the interpretation of Statutes Presumption of perfect knowledge and competence Presumption that legislature does not make mistakes Presumption against tautology(Presumption that the legislature does not speak in vain or presumption against surplusage) Presumption against of consistent expression (eg that same word or phrase bears same meaning) Presumption of coherence (or against internal conflict or inconsistencies). applicable in construction of parcels clauses (iv) Presumption of non knowledge by illiterate contents of document executed by him. Presumption of compliance with constitutional Law and values( presumption against violation of constitutional law and values. Constructions most agreeable to reason and justice. Genral presumption against absurd consequences Presumption against impairing obligations or permitting advantage from one own wrong. Presumption of evasion of enactment not to be allowed. Presumption against unclear changes in existing law. presumption against interference with vested rights Presumption regarding jurisdiction of the courts Presumption against ousting established jurisdiction Presumption against creating new or enlargening established jurisdiction. Presumption as to territorial extent of jurisdiction Presumption of compliance with International Law (presumption against violation of International Law) Presumption against retrospectively Presumption that ancillary rules of law apply Presumption that ancillary legal maxims apply Ouster clauses in non-statutory Documents Ouster Clause in Statutes Ouster Clause in National Constitutions e.g. the 1992 Constitution
(IV)Commencement Amendment Retrospective Legislation Defining retrospectivity Presumptions against retrospectivity Retrospectivity under 1992 Constitution Repeal Express or implied repeal Accrued rights Procedural changes and pending actions Substantive changes Introduction/ Definition of National Constitution key concept underlying 1992 Constitution e.g. Supremacy of the Constitution; separation of powers . Non justiciable political doctrine and mootness. Historical evolution / Approaches to interpretation of Constitutions in Ghana from Independence to date. The dominant Modern Purposive Approach to Constitutional Interpretation in Ghana. MOPA defined in relation to constitutional interpretation Other general principles of constitutional interpretation compatible with the MOPA Relevance of ordinary rules of Interpretation Directive Principles of the State Policy. Application of MOPA in specific problem cases: Organs of government separation of powers Citizenship Representation of people Electoral laws Political / civil liberties Social, Economic / Cultural rights Freedom / Independence of media Transitional provisions (eg. Ouster clauses)
(V)How to do things with rules (3rd edition).W.Twining & D. Miers The Law of interpretation in Ghana (Exposition and Critique) Bimpong Buta,S.Y. Odgers Construction of Deeds and Statutes (5th ed)Gerald Dworkin The interpretation of Contracts (3rd ed.)Kim Lewinson Bell & Engle Cross on the Statutory Interpretation (3rd ed) Bennion F. Statutory Interpretation (4th ed.) P.St J Langan Maxwell on Interpretation of Statutes (12th ed) Driedger E. A Construction of Statutes (4th ed) Reed Dickerson, The interpretation and Application of Statutes. Interpreting the Constitution (Yale, 1991) -Harry Willington Interpreting Constitutions ( Oxford University Press) – Goldsworthy Active Liberty : Interpreting our Democratic Constitution (2006) – Stephen Breyer The role of the Supreme Court. In the development of Constittutional law in Ghana(2007) – S.Y. Bimpong Buta
- Criminal Procedure
COURSE OUTLINE- 2016/2017
1. Constitutional and Individual Rights
a. Right to life-Article 13
b. Right to personal liberty-Article 14
c. Right human Dignity-Article 15
d. Fair Trial-Article 19
2. The Powers of the Police
a. Arrest and search (s.3-21 of the Criminal and Other Offences Act, 1960 (Act30)
3. Institution of Proceedings (s. 60-61 of Act 30)
a. Summons (s. 2-70, 832,83,87, of Act 30)
b. Warrant of Arrest (S. 71-87 of Act 30)
c. Search Warrants (S.88-95 of Act 30)
4. The Attorney – General
a. Nolle Prosequi (S. 54-55 of Act 30)
b. Withdrawal (S. 59 of Act 30)
5. The criminal jurisdiction of the Coourts in Ghana (S. 23-49 of the Courts Act, 1993, Act 459)
a. District Court
b. Juvenile Court
c. Circuit Court
d. High Court
e. Reginal Tribunal
f. Court of Appeal
g. Supreme Court
6. Territorial jurisdiction of the courts in Ghana (Criminal jurisdiction) (S. 56 of the Courts Act 1993, (Act 459))
7. Bail (S. 96-103 of Act 30)
a. Police enquiry bail
b. Bail pending Trial
c. Bail pending Appeal
d. Forfeiturek of recognizance (S. 104 of Act 30)
e. Security for keeping the peace and for Behaviour. (S. 22-38 of Act 30)
8. Drafting of the charges (S. 109-112 of Act 30)
a. Charge sheet
9. Defenses
a. Alibi (S.131 of Act 30)
b. Previous acquittal or conviction (Autre fois convict/acquit) (S. 113-117 of Act 30)
c. Lunacy of Accuse and Defense of Lunacy (S. 133-138 of Act30)
10. Evidence on omission (S. 124-128 of Act 30 )
11. Preservation of Testimony in certain cases (S.194-197 of Act 30)
12. Modes of trial
a. Summary Trial (part 111-S. 163-177 of Act 30)
b. Trial on Indictment (part IV- S. 181-286)
13. Punishment (part VI-S. 294-303 of Act 30)
14. Appeals (part VIII-S. 325-333)
15. Juvenile justice system (juvenile justice Act, 2003, Act 653)
- Law Practice Management & Accountancy
I. Basic Course information
a. Course Title : Law Practice Management
b. New course : New Professional Law Course
c. Course Duration : June 20th – September- 16th 2016
d. Semester Total Number of Hours: : 36
e. Maxium Weekly Lecture Periods : 3
f. Tutorials : Twice a Month
II. Description
This course is a one semester introductory course. It seeks to introduce final year students to the practice of law in its various forms with a focus. The related aspects of law practice such as the regulations of practice, dealing with clients,, basic skills and support systems and management will be covered. Matters related to personnel and other supports systems and other support system will also be covered.
III. Statement of course need
This course provides those students who intend to pursue a career in law with the basic understanding of what goes into the practice law beyond the classroom. This is to enable them fit easily into the legal environment after school and provide a foundation they can build on the function better in the profession.
Whilst it is intended to equip the student with the necessary skill that enable him/her to understand practice, it also will help the student to easily integrate and participate in a firm and subsequently, it will form the foundation that enable them become effective in the management of their law offices in future.
IV. Place of course in law school curriculum
The course is compulsory for all final year students and is examinable. It will also constitute part of the basis for assessment of students after they undertake the attachment and filed training in law firms as part of the second year programme in the professional law course.
V. Outline of course content
This course is divided into three parts as following:
1. The first part will cover the legal marketplace and what it constitutes.
2. The second part will be devoted to a discussion of the basic issues related to management and how it affects the practice of law.
3. The final or third part will deal with the system that complement the practice of law and help practitioners to function effectively.
PART I: THE SCOPE OF PRACTICE AND THE LEGAL MARKETPLACE
a. Teaser
1. What I wish I knew before I finish law school
2. What lawyers do
b. Practice of law
1. Historical perspective
2. Modern scope of law practice
c. The practitioner and practitioner types
1.Terminology
2.Scope of legal work
3.Practitioner functions
4.General list and specialist
5.Emerging issues/ types
d. Set-up of law practice
1.Types of law practice and terminology
2.Traditional approach
3.Evolution of practice
a. The concept of chambers
b. Sole practitioners and unregistered individual
c. Partnerships
• LLPs
• Non-LLPs
d. Companies
e. The Boutique firms
f. Professional corporations
g. The rise of regional and global Law Firms
h. Full service
i. Office –sharing arrangements
e. The regulation of practice
1.The Regulator
2.Country requirements
3.General practice requirements
4.The impact of Globalization on practice and regulation
5.The Africa context
6.Bar associations
7.The Ghana context
8.Governance of practice
9.Ethics of practice
10.Professional risks and indemnities
11.Clients complaints and effects on attorney discipline
12.Miscellaneous
Part II: management of practice and related matters
f. Management
1. Management Generally
– Basic History and Theory of Management
– The core functions of Managements
– Scope of management and professionalization of management
2. Application of management in a law firm
g. Basics of Personnel Management In Law Practice
1. Recruitment
2. Training and capacity building
3. Compensation
h. Paralegals and Support Staff
1. The concept of paralegals
2. The key role of a non-lawyer staff
3. Paralegal and Client Relations
4. Paralegals and external relations
i.Court
ii..Regulators
iii..Others
iv.‘’independent paralegals’’
Finance and accounting as a component of the law firm practice
1. The basis and concept of time in relation to fees’’
2. The concepts of time in relations to fees
a.Time keeping and matters arising
b.Time keeping systems
c.Converting time into fees
d.Billing and billing methods
e.Bar scale of fees
f.Practical matters related to fees and charges and expenses
PART III. LAW OFFICE SYSTEMS AND MISCELLANEOUS ISSUES
j. The people in a firm
1. The Legal Team
a.Roles
b.Hierarchy
c.Some norms
2. The client
d.Defining the client
e.Factors Affecting Clients Relations
k. System that make a law firm work
1. System and the Technology in the Law Office
2. Some key system
a.Calendar System
b.Common Problems
l. File and records Management
1. Filling and docket systems
a.File Review system
b.Tickler system
c.Computerized and Manual Docket systems
2.File Maintenance
3.Rules relating to file closing and destruction
4.Ethics in File Management
a.conflict of interest checks
b.preservation of client property
c.confidentiality concerns
d.highly sensitive cases
m. Law Library Organization And Management
1.Scope of the law library
2.Traditional and modern library system
3.Court Forms, Forms Files,
4.The influence of the knowledge system
n. Practical’s and Test Cases
1.The role of non- lawyers in practice
2.The dummy client
3.Handing a court case
4.Billing and fee practical
5.M & A
6.KYC and Due Diligence
7.miscellaneous
o. Recommended Materials
1.Abrans, L. L. (200). The Official Guide to Legal Sepcialisties: an insider’s Guide to Every Major Practice Area.
2.Arron, D. (2004). What can you do with a law degree?: A lawyer Guide to Career Alternative Inside, Outside and Around.
Prepared by Mr. David Ofosu-Dorte
- Alternative Dispute Resolution
1. GENERAL: This course will be taught in the second year (2) of the Bar program.
2. COURSE OBJECTIVE : The course aims to challenge students to appreciate the nature of ADR. In particular to: examine applications of ADR techniques to Public Law issues Provide students with a comparison with court-based dispute resolution.
Introduce students to the principles and practice of Negotiation, Mediation and Arbitration running into account the peculiar circumstance of Ghana.
Import practical core skills to students in Negotiation, Mediation and Arbitration (national, customary and international).
3. RATIONALE: One of the principal rationale of this course is that effective systems of dispute resolution outside of the courts make important contributions to a nation’s commercial and economic development and advance the citizen’s right of Access to Justice.
4. EXPECTED OUTCOMES: At the conclusion of the ADR Course, students will be expected to be: Familiar with the principles of Negotiation, Mediation and Arbitration (National, Customary and International) Negotiate more effectively and professionally ; saving their clients money and increasing creativity and productivity in the resolution of disputes Resolve disputes more effectively and faster Enhance Access to Justice for the citizen Acquisition of core skills in Negotiation, Mediation and Arbitration.
5. COURSE CONTENT (A) INTRODUCTION TO CONFLICT (B) NEGOTIATION PROCESS: Different Approaches to Negotiation Assessing interests of both parties Opening offers Strategic concessions Why negotiations fail? Breaking Deadlock Negotiating a dispute resolution clause
(c ) THE MEDIATION PROCESS Mediation Defined Why parties should mediate Roles and attribute of mediator Role Plays Video Exercises (d) INTERNATIONAL ARBITRATION Pro and Cons of International Arbitration Conciliation, Arbitration and Mediation versus Litigation Arbitration and Rules National Arbitration Laws Treaties, including the New York Convention and ICSID Choice of governing law Validity and Scope of Arbitration Agreements Role of the Courts Judicial Review Enforcements of Awards Investment Disputes Sovereign Immunity.
Designing the Process Drafting the Arbitration Clause Choice of Rules of Arbitration Conduct of Proceedings Initiating Arbitration Constituting the Tribunal Establishing Terms of Reference Discovery of documentary evidence Interim Relief Submitting testimony Hearings Awards Arbitrator Ethics.
NATIONAL ARBITRATION AND CUSTOMARY ARBITRATION Critical review of the ADR Bills of Ghana (e) ADR HYBRIDS (f) JUDICIAL CASE MANAGEMENT (g) METHOD OF TEACHING The course will be taught by way of two lectures and one laboratory training session per week. Each Lecture and Laboratory Training session will be two (2) hours duration. (h) METHOD OF ASSESSMENT The course will be assessed by way of three (3) hour written final examination amounting to 70% of final mark and 30% for full participation in Laboratory sessions, Role Plays, Case studies, Video and Media demonstrations at the end of the Semester in which the course is taught. In the three (3) hour examination, students will be required to answer two (2) questions selected from a total of six (6) questions. (i)BOOKS REQUIRED.
PUBLISHER AUTHOR TITLE & EDITION Penguin Books Roger Fisher Getting to Yes (Latest Ed) William Ury, Bruce Patton, Gel Cavendish Albert Fiadjoe ADR: A Developing World Perspective, 2004 The Foundation Press,Inc John S. Murray Process of Dispute Resolution: The Roles of Lawyers.
RECOMMENDED VIDEO TAPES CONVENTIONS/ TREATIES/ ARBITRATION RULES/ STATUE NEW YORK CONVENTION ICSID RULES ADR BILL, 2009 (GHANA)
Contact and Address
- P.O.Box GP 179, Makola, Accra, Ghana.
- Phone: (+233)-307-003231 / (+233)-307-003230
- Email: [email protected]
Click here to apply online
website: https://gslaw.edu.gh/