a) Mansa and Akosua are before the chief of the community for possessing similar documents claiming the same plot of land. Briefly examine the two most important methods the chief can resort to in order to resolve the land litigation between the two women. AP(5 Marks)
b) Do you agree that the current Ghanaian legal system is more formal than informal? Justify. AP(5 Marks)
c) Laws are established rules that describe the ways in which people are required to act in their relationships with others within a society. These laws are derived from five sources. With clear examples discuss any three of them. CR(10 Marks)
a) The chief should consider applying consensus building and adjudication as the two most essential methods for resolving the land litigation between Mansa and Akosua. Land adjudication is a legally oriented approach that ensures that the rights in a given parcel of land are authoritatively determined. The process involves judging a case and making a formal decision on an argument to ascertain the inherent legality. Consensus building entails enabling the parties involved to reach an overwhelming agreement to optimize possible gains. In this case, the chief is required to apply a good-faith effort and ensure that Mansa and Akosua attain unanimous agreement regarding the plot of land in question.
b) I agree that the current Ghanaian legal system is more formal than informal. Based on the British Common Law system, the Ghanaian legal system lacks sufficient ability to address society's issues. Case scenarios such as the rise of the vigilante groups (e.g., Delta forces), rebellion against the nation's courts, and delaying cases illustrate that the Ghanaian legal system needs an overhaul to ensure formality.
c) Examples of sources of law include the constitution, common law, and case law. Federal and state constitutions are responsible for regulating government actions. Ghana's constitution provides a set of rules which outlines the powers of the major branches of the government. Common law is founded on the legal precedents created by the court. It is responsible for influencing the decision-making process for unique cases. Case laws are based on past legal decisions, which are generally used to judge the current issue. R v Jogee is a sample case of the case laws.