WISCONSIN INTERNATIONAL UNIVERSITY COLLEGE

FACULTY OF LAW

END OF SEMESTER EXAMINATIONS, DECEMBER 2016

[WLA 301] EQUITY & SUCCESSION I

(LEVEL 300, DAY)

DURATION TIME: 3 HOURS

INSTRUCTIONS:

ANSWER QUESTION ONE (1) WHICH IS COMPULSORY AND TWO OTHER

QUESTIONS. QUESTION ONE (1) IS WORTH 30 MARKS WHILE THE REST OF THE
QUESTIONS ATTRACT 20 MARKS EACH.

QUESTION 1

With the aid of relevant authorities discuss the grounds upon which the equitable remedy of
specific performance may be granted or refused by a court. (30
Marks)

QUESTION 2

"The two streams have met and still run in the same channel, but their waters do not mix"
(Maitland).

Discuss this statement in the light of the fusion of common law and equity. In your opinion,
does this statement reflect the position as regards equity and the written laws of the Ghanaian
legal system? Support your answer with relevant authorities. (20 Marks)

QUESTION 3

In support of a mining project, the Chief of Assin in the Western Region, Nana Adumfa XI
offered a large tract of land to a Norwegian mining company, Pacifica, to prospect for
diamonds in the Region. However, some youth of the community calling themselves the
Western Region Youth for the Sustainable Development of Assin (WYSDA) were opposed to

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the project. They based their opposition on reports of Pacifica’s activities in other African
countries in which the company were negligent in implementing appropriate policies to
protect the local communities against environmental pollution. To offset a face-off with the
youth, the mining company decided to meet the youth leaders and assure them that they have
set in place a new code of ethics which respects the environment and human rights. While
negotiations were going on, Pacific started operations without consulting the youth. This was
brought to the attention of the WYSDA leadership who quickly mobilized the youth and
threatened to disturb and bring the activities of Pacifica to a halt. Taking their intimidations
seriously, Pacifica has consulted you. As their lawyer what immediate reliefs would you
seek in court and why? (20 Marks)

QUESTION 4

With the aid of relevant authorities, write concise notes on the following:

a. He who comes to equity must come with clean hands

b. Equity follows the law
c. Where the equities are equal, the law prevails.

(20 Marks)

QUESTION 5

Sadat is a distinguished lawyer who married Kim, a business woman in 1990. Kim has 10
shops at Makola. Kim is very successful in her business. As a result, she has decided to invest
her earnings into estate development. She has purchased 100 acres of land from the Memuna
family in 2010. To show her deep love and affection for her husband Sadat, she succumbed to
the advice of Sadat to have his name on the title documents covering the land. The title
documents are fully registered in the name of Sadat. Kim always says that she knows the
property is in safe hands since her husband is a lawyer. On 30th September, 2016, Sadat told
Kim that since the title documents are in his name, the land is his and that he has planned to
sell it to Charity. Advise the parties.
(20 Marks)

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EXAMINER: LEONARD YAO KLAH