External Aids

Question 1

What is the contra proferentem rule in the interpretation of non-statutory documents such as contracts and deeds?

Answer 1

From the maxim verba chartarum fortius accipiuntur contra proferentem.
Where a clause is ambiguous, it is construed against the party who drafted or introduced it.

Question 2

In what circumstances does the contra proferentem rule apply in contract interpretation?

Answer 2

Where wording is ambiguous.

Particularly in exemption clauses.

Applied against the party who drafted or relied on the clause.

Question 3

What is the purpose of the contra proferentem rule in contract law?

Answer 3

Discourage vague drafting,

Prevent manipulation of weaker parties,

Ensure clarity in allocation of risk.

Question 4

How was the contra proferentem rule applied in Andrews Bros (Bournemouth) Ltd v Singer & Co Ltd (1933)?

Answer 4

Contract was for a new Singer car.

Exclusion clause excluded implied terms.

Car delivered was used.

Court held clause did not exclude liability for breach of an express term.

Scrutton LJ: Clearer wording required to exclude express obligations.

Question 5

What does the maxim falsa demonstratio non nocet cum de corpore constat mean in the interpretation of wills and deeds?

Answer 5

A false description does not invalidate a document if the intended subject matter can be clearly identified.

Question 6

How does the falsa demonstratio rule operate where there is both a correct and incorrect description in a will?

Answer 6

If some words sufficiently identify the person or property, incorrect additional words will not vitiate the gift.

Question 7

How did Wong v Lee (1993) explain the falsa demonstratio rule?

Answer 7

If, using admissible extrinsic evidence, the court can determine what the testator intended, an incorrect description will not prevent the gift from taking effect.

Question 8

What principle did the Supreme Court affirm in Kwabena Ofori Oduro v Isaac Owusu (2015) regarding falsa demonstratio?

Answer 8

Where identifying terms sufficiently ascertain the subject matter, false descriptive additions will not defeat the disposition.

Question 9

How was the falsa demonstratio rule applied in Wilberforce v Wilberforce?

Answer 9

Testator described nephews as “sons,” but identity was clear.
Court admitted the will to probate and upheld the gift.

Question 10

What does the maxim expressum facit cessare tacitum mean in legal interpretation?

Answer 10

What is expressly stated excludes what might otherwise be implied.

Question 11

How does expressum facit cessare tacitum operate in contract interpretation?

Answer 11

If performance is expressly fixed for a specific date, there is no implied obligation to perform within a “reasonable time.”

Question 12

How was this maxim applied in Anthony Horden & Sons Ltd v Amalgamated Clothing (1932)?

Answer 12

Where legislation expressly provides how a power is to be exercised, general expressions cannot be used to exercise it differently.

Question 13

Does expressum facit cessare tacitum apply only to non-statutory documents?

Answer 13

No. It may also apply in statutory interpretation.

Question 14

When will expressum facit cessare tacitum not apply?

Answer 14

Where common law or equitable rules have been codified by statute.

Question 15

What does the maxim expressio eorum quae tacite insunt nihil operator mean?

Answer 15

Expressing what is already implied adds nothing legally.

Question 16

How does this maxim apply to conveyancing under Section 38(1) of the Land Act, 2020 (Act 1036)?

Answer 16

Heirs, assigns, successors, etc., are deemed included unless contrary intention appears.
Expressly stating them adds no legal effect.

Question 17

What are the Directive Principles of State Policy under Chapter 6 of the 1992 Constitution of Ghana?

Answer 17

Principles guiding state policy to promote justice, welfare, equality and democratic governance (Articles 34–41).

Question 18

What does Article 34(1) of the 1992 Constitution provide regarding the Directive Principles?

Answer 18

They shall guide citizens, Parliament, the President, Judiciary and others in interpreting the Constitution and implementing policy.

Question 19

What was the issue regarding the justiciability of DPSP in NPP v Attorney-General (31st December Case) (1993-94) 2 GLR 35?

Answer 19

Whether Chapter 6 provisions were enforceable by courts.

Question 20

What did the Supreme Court hold in the 31st December Case regarding justiciability of Chapter 6?

Answer 20

By 5-4 majority, Chapter 6 is justiciable.

Question 21

What were the key reasons given in the 31st December Case for holding DPSP justiciable?

Answer 21

Constitution wholly justiciable unless stated otherwise.

Articles 1(2) and 2(1) refer to “any provision.”

No express exception for Chapter 6.

Article 41 duties would be meaningless if unenforceable.

Question 22

What restrictive position did the Supreme Court take in NPP v Attorney-General (CIBA Case) regarding DPSP?

Answer 22

What restrictive position did the Supreme Court take in NPP v Attorney-General (CIBA Case) regarding DPSP?

Question 23

What is the current law on the justiciability of DPSP following Ghana Lotto Operators Association v National Lottery Authority (2007-08) 2 SCGLR 1088?

Answer 23

There is a rebuttable presumption of justiciability unless strong contrary indication exists.

Question 24

Why did Date-Bah JSC reject reliance on the Committee of Experts’ report in Ghana Lotto Operators Association v NLA?

Answer 24

The proposed clause making DPSP non-justiciable was omitted from the final Constitution.

Question 25

How does India’s Constitution differ from Ghana’s regarding DPSP justiciability?

Answer 25

India expressly states DPSP are non-justiciable. Ghana’s Constitution contains no such express clause.

Question 26

What is the current position of the Supreme Court on DPSP enforcement following James Kwabena Bomfeh Jnr v Attorney-General?

Answer 26

DPSP are presumptively justiciable and may be enforced where appropriate.

Question 27

What is meant by legislative and parliamentary history as an external aid to statutory interpretation?

Answer 27

Documents relating to the enactment process: Committee reports Parliamentary debates Draft papers Memoranda

Question 28

What was the old common law position on the admissibility of parliamentary debates?

Answer 28

Debates were inadmissible. Parliament speaks through enacted text, not deliberations.

Question 29

What was Ghana’s previous statutory position under the repealed Interpretation Act (CA 4)?

Answer 29

Memorandum accompanying the Bill admissible, but not parliamentary debates.

Question 30

What is the current law under Section 10 of the Interpretation Act, 2009 (Act 792) regarding legislative history?

Answer 30

Legislative antecedents, parliamentary debates and pre-parliamentary materials may be used where statutory wording is ambiguous.

Question 31

Under Section 10(2)(d) of Act 792, when may textbooks be used as an aid to interpretation?

Answer 31

Where statutory language is ambiguous or obscure.

Question 32

What is the legal weight of textbooks in statutory interpretation?

Answer 32

Persuasive only, not binding unless judicially approved.

Question 33

How did the Supreme Court use academic writing in In Re Wenchi Stool Affairs; Nketia & Ors v Sramangyedua III (2011)?

Answer 33

Referred to R.S. Rattray’s Ashanti Laws and Constitution to ascertain customary law.

Question 34

What does Section 55(2)(b) of the Courts Act, 1993 (Act 459) provide regarding customary law?

Answer 34

Customary law may be ascertained from reported cases, textbooks and other appropriate sources.

Question 35

What principle was stated in Henty v Wrey (1882) regarding textbooks?

Answer 35

Textbook writers do not make law; they indicate whether principles are generally accepted.

Question 36

Under Ghanaian law, when may dictionaries be used as an aid to statutory interpretation?

Answer 36

Where wording is ambiguous or obscure (Section 10(2)(d) Act 792).

Question 37

What limitation did Lord Greene state in In Re Bidie (1948) regarding dictionary use?

Answer 37

Words must not be interpreted in isolation; context is essential.

Question 38

What did the Privy Council state in Pepsi Cola Co of Canada v Coca Cola Co of Canada regarding dictionary use?

Answer 38

Dictionaries may be used to ascertain both meaning of a word and its common usage.

Question 39

How is common sense used as an aid to statutory interpretation?

Answer 39

Courts apply practical judgment to avoid absurd results and give fair, reasonable meaning.

Question 40

What limitation did Adade JSC state in Bilson v Apaloo (1981) regarding common sense?

Answer 40

Common sense cannot override clear constitutional provisions.

Question 41

What did Taylor J state in Harley v Ejura Farms Ghana Ltd (1977) regarding sources of law?

Answer 41

Courts dispense justice according to: Statute law Case law Well-known practice of the courts

Question 42

What does the maxim contemporanea expositio est optima et fortissima in lege mean?

Answer 42

Contemporaneous exposition is the best and strongest in law.

Question 43

How does contemporanea expositio operate in statutory interpretation?

Answer 43

The meaning publicly assigned to a statute at the time of enactment is presumed correct.

Question 44

What sources may show contemporaneous exposition?

Answer 44

Early judicial decisions Professional legal practice Government statements Administrative enforcement

Question 45

What limitation applies to the doctrine of contemporanea expositio?

Answer 45

It cannot override the clear meaning of statutory text.