Chief Justice Gertrude Sackey Torkornoo
Chief Justice Gertrude Sackey Torkornoo has launched a 485-page book titled "Contemporary and Evolving Issues in Civil Procedure and Litigation" at the Law Court Complex in Accra.
Authored by Justice Alexander Osei Tutu, a High Court Judge, the book is a compilation of 21 articles and essays that traverse intricate legal procedure topics and contemporary issues.
Written in a humoristic style, the book could serve as both a textbook and a novel, as it avoids complex legalistic language.
Justice Osei Tutu, who previously authored "Essential Themes in Land Law and Customary Law," has now addressed a gathering of the bar, bench, clergy, and book lovers.
The Chief Justice, who penned the foreword, highlighted that the book addresses procedural and contemporary issues in civil procedure, such as the role of capacity, various legal technicalities, the issue of substantial justice, and the place of expert witnesses.
"I have no doubt that the topics will clarify some of the controversial issues we face in civil procedure. Indeed, some of these areas have become slippery slopes for many judges and practitioners alike, often stalling cases and rulings," she stated.
She praised the author for exploring thought-provoking and topical issues through research, likening the work of a judge to that of an academic. "To my mind, the judiciary is part of academia.
Our work involves researching very difficult questions, testy issues, and various matters arising from constantly changing facts. Our work is demanding," she said.
The Chief Justice noted that Justice Osei Tutu has dissected every strand of legal development in the Judicial journal through his insightful articles and commentaries. She commended the author's depth of learning, astute crafting of legal architecture, and the dynamic mix required for effective justice delivery.
"I am speaking about the dexterity in exercising judicial skills such as evaluation, reasoning, structured writing, and appreciation of social dynamics that every area of law is designed to respond to," she added.
Furthermore, she acknowledged that the author's work had enlightened her by exploring how certain situations have evolved legally over the years.
"Most of the topics in this book are pertinent issues that confront the court daily in applying procedural rules to resolve the substantive rights of litigants and court users," she explained.
The Chief Justice mentioned that the judiciary would consider suggestions for dedicated rules of land litigation, similar to those for commercial litigation. "I will take that to the Rules and Ethics Committee of the court," she stated.
She also commended the author for producing a well-researched book and encouraged everyone to use it as a reference in civil procedure.
Justice Osei Tutu recalled how one aspect of the book, which discussed the culture of wives adopting their husbands' surnames and its lost legal relevance, had already sparked "a wild controversy" in the media.
"Indeed, the book is not intended to be just an ordinary textbook, but to act as a catalyst for generating fruitful debates for the development of Ghanaian jurisprudence," he said.
Justice Osei Tutu observed that the challenge of parallel proceedings and representation is overwhelming legal systems, with courts inundated with multiple suits daily.
He noted that while other countries are finding better ways to resolve this conundrum, Ghana seems content with 19th and 20th-century legal principles, many of which have become archaic and were abandoned by the British, who originally formulated them.
He emphasized that the book delves into contemporary issues and equips the 21st-century lawyer with the necessary tools to overcome the challenges of the day. "I believe the foreword by Her Ladyship is enough validation of my work to assure everyone here that the book is a masterpiece," the High Court Judge said.
Kweku Paintsil, the guest of honor, remarked that the launch celebrated not only the author as a distinguished judge but also his contributions to scholarship, particularly his perspective on the law concerning contemporary and evolving issues in Civil Procedure.
Paintsil noted that the book addresses the technicalities of the law, namely Common Law principles and their evolution, which remain unfamiliar to many lawyers in the country. He encouraged everyone to invest in the book, supporting the author's legitimate industry.
