“We do not think that we ought in this Court to be constrained excessively by the weight of the English case law in finding a just outcome in this case. Rather, we are encouraged to develop Ghanaian law in this area” Justice Date-Baah in City and Country Waste Limited v Accra Metropolitan Assembly.
Since independence, the Ghanaian judiciary has played a pivotal role in advancing the country’s legal framework. One of the esteemed individuals who has made significant contributions to the evolution of Ghana’s jurisprudence is Justice Kofi Date-Baah.
Appointed by Former President J.A Kuffour to the country’s Supreme Court, the eminent Jurist served from September 2003 to August 2013. During his tenure on the Court, he exhibited an unwavering commitment to the development and enhancement of Ghana’s legal system as his opinions and interpretations set important precedents and influenced the development of legal principles in the country.
Through the efforts of jurists like Justice Date-Baah, the Ghanaian judiciary has adapted to the evolving needs and challenges of a modern society, ensuring that the rule of law remain at the forefront of the nation’s development. In a notable case, NTHC V Yaa Antwi, the jurist dilated on the existing law on Offer and Acceptance, observed that
“… an offer is an indication in words or by conduct by an offeror that he or she is prepared to be bound by a contract in the terms expressed in the offer, if the offeree communicates to the offeror his or her acceptance of those terms. Accordingly, the offer has to be definite and final and must not leave significant terms open for further negotiation. By significant, we here mean terms that are essential to the bargain contemplated. It is important to emphasize the proposition that the mere acceptance of an offer is sufficient to turn the offer into a contract, if there is consideration for it, together with an intention to create legal relations.”
This profound opinion by Justice Date-Baah expanded and enhanced our legal understanding of Offer and Acceptance and paved the way for a more robust and concise interpretations of the fundamental principles of contract law in the Ghanaian legal framework.
Justice Date-Baah’s knack for conveying complex ideas in a straightforward fashion is unparalleled. His judicious use of language served as a guidepost for future legal interpretations, providing clarity and coherence in his judgments. By combining legal expertise with a deep understanding of the social context,the Jurist was able to deliver fair and just decisions that upheld the rule of law.
One of the important opinions of the Justice was on the sharing of Marital Property in Ghana. Prior to his ruling, the prevailing view, famously expressed by J. Ollenu in Quartey v Martey (1959) GLR 377,HC, held that:
“The proceeds of this joint effort of a man and his wife/and or children and any property which the man acquires with such proceeds, are by customary law the individual property of the man. It is not the joint property of the man and the wife/ and or the children. The right of the wife and the children is a right to maintenance and support from the husband and father”.
However, Justice Date-Bah observed in Arthur (No. 1) v Arthur (No. 1) that marital property encompasses property acquired by the spouses during the marriage, regardless of the contributions made by each spouse to its acquisition. This opinion, served as a benchmark for the distribution of marital property by the Supreme Court.
Significantly, Justice Date-Baah’s opinion to the regulation of marital property distribution have had a transformative impact, advanced the rights of spouses and promoted a more equitable approach to the distribution of property in Ghana.
Justice Date Baah’s contributions to Ghana’s jurisprudence is not only limited to his opinions as a Justice of the Supreme Court. He has also made significant contributions to legal education in the country. As a law lecturer, he shared his vast knowledge and experience in many spheres of law education, particularly in legal writings. Many of his students have looked to his insights and teachings for guidance in their own legal practice.
In conclusion, Justice Date-Baah’s contributions to the legal field have been significant and far-reaching. His commitment to justice, fairness, and the rule of law has made a lasting impact on Ghana’s legal system. His professional accomplishments and dedication to the principles of justice make him a deserving recipient of an award. Therefore, the celebration of his achievements by the UPSA law school was laudable. The legal community and society as a whole are fortunate to have had his contributions.
Emmanuel K. Owusu-Asare is a Senior Associate at Zoe Akyea & Co. He specializes in the resolution of Corporate Disputes, White Collar Crime Defense, Property/Land Law and General Corporate Practice.
