Published online by Cambridge University Press: 28 July 2009
On 1976, Ghana celebrated the centenary of the establishment of its Supreme Court. But this was more than a centenary of a supreme court. It was in fact the celebration of a hundred years of a national legal system. During the past century, Ghana has operated a pluralistic legal system encompassing English and other Western juristic ideas and procedures on the one hand, and Ghana's own indigenous laws on the other. The burden of this paper is to undertake an appraisal of the efficacy of this legal heritage and to consider the challenge which this legacy poses. The emphasis is not so much on the historical or analytical description of the nation's legal heritage as on a functional review of the totality of Ghana's legal experience in the light of the prevailing social and economic conditions. More precisely, to what extent have the Ghanaian courts and legislative bodies succeeded in moulding both the received law and the indigenous customary law to respond to the pressing social and economic needs of the country? Is there in fact a peculiarly Ghanaian legal tradition?
The first Supreme Court was established in 1853, but its jurisdiction was confined to the coastal settlements and it could not pretend to be a national institution. The modern Ghanaian legal system was inaugurated by the Supreme Court Ordinance, 1876, which not only established a national judicial system but also prescribed the law and procedure to be applied in this court system.
1 Yale Law Report, 1975.Google Scholar
2 (1887) 14 I.A. 89.Google Scholar
3 [1966] G.L.R. 79.Google Scholar
4 1966 (unreported).
5 [1959] G.L.R. 390.Google Scholar
6 (1914) P.C.—'74 '28,28.
7 1955 (unrcportcd).
8 (1957) 14W.A.C.A. 236.Google Scholar
9 [1957] R.N.L.R. 443.Google Scholar
10 Ibid., pp. 448–449.
11 [1932] A.C. 562.Google Scholar
12 [1963] 2G.L.R. 311.Google Scholar
13 No. 32 of 1954 (English C.A., unrcported).
14 [1955] 1 All E.R. 808.Google Scholar
15 No. 164 of 1951 (English C.A., unreported).
16 No. 409 of 1952 (English C.A., unreported).
17 [1941] A.C. 157.Google Scholar
18 (1975) 19 L.Q.R. 131.Google Scholar
19 See generally Asante, Property Law and Social Goals in Ghana, Accra, 1975, p. xvi.Google Scholar
20 (1916) P.C.,'74–'28, 43.Google Scholar
21 [1956] 1 W.A.L.R., 128.Google Scholar
22 [1957] 2 W.A.L.R. 275.Google Scholar
23 [1959 G.L.R. 147.Google Scholar
24 Discussed by Allott, , [1961] J.A.L. 180.Google Scholar
25 Asante, “Interests in Land in the Customary Law of Ghana—a New Appraisal,” [1965] Yale Law Journal, 848.Google Scholar
26 See Pappoe v. Kwaku 1924 Full Court 23–25, 158;Google ScholarLarkai v. Amorkor, 1933 1 W.A.C.A. 323;Google ScholarFynn v. Gardner 1953 14 W.A.C.A. 63.Google Scholar
27 1965 1 A.N.L.R. 399Google Scholar.
28 Discussed below, p. 103 and p. 107.
29 See below, p. 96
30 See Bamgbose v. Daniel, 14 W.A.C.A. 116 (1955)Google Scholar and also Coleman v. Shang [1959] Ghana Law Reports 390.Google Scholar