a. ) Origins of Common Law and Equity 

The origins of Common Law and Equity are rooted in English legal history, which forms a key part of Ghanaian sources of law under Article 11 of the 1992 Constitution of Ghana, incorporating common law, equity, and customary law. In practical banking contexts, understanding these origins helps in interpreting statutes like the Bills of Exchange Act, 1961 (Act 55) and the Banks and Specialized Deposit-Taking Institutions Act, 2016 (Act 930), ensuring compliance in dispute resolutions and contract enforcements at institutions like GCB Bank.

• Origins of Common Law: Common Law emerged in England following the Norman Conquest in 1066, when William the Conqueror centralized justice through the King’s Courts (Curia Regis). Initially, justice was administered via royal writs, rigid forms of action for remedies. By the 12th-13th centuries, itinerant judges applied consistent rules across the realm, leading to the doctrine of stare decisis (precedent), where past decisions bound future cases. This system emphasized remedies at law, such as damages, and was formalized in courts like the Court of Common Pleas, King’s Bench, and Exchequer. In Ghana, this was received through British colonial rule via the Supreme Court Ordinance of 1876, influencing banking practices, e.g., in case law on negotiable instruments during the 2017-2019 banking cleanup, where precedents guided BoG’s revocation of licenses for banks like UT Bank due to governance failures.
• Development and Limitations of Common Law: By the 14th century, Common Law became inflexible due to strict writ requirements; if a case didn’t fit a writ, no remedy was available. This rigidity led to injustices, prompting petitions to the King, who delegated to the Lord Chancellor.
• Origins of Equity: Equity developed in the 15th century through the Court of Chancery, where the Lord Chancellor (initially a cleric) provided flexible remedies based on conscience and fairness, not rigid law. It addressed Common Law deficiencies, introducing maxims like “equity follows the law” and “he who comes to equity must come with clean hands.” Key remedies included specific performance, injunctions, and trusts. By the 17th century, conflicts arose (e.g., Earl of Oxford’s Case, 1615, affirming equity’s supremacy), leading to fusion via the Judicature Acts 1873-1875 in England. In Ghana, equity is applied in banking for equitable charges over securities, as seen in mortgage enforcements under the Borrowers and Lenders Act, 2020 (Act 1052), where banks like Stanbic Bank Ghana use equitable mortgages for quicker approvals without full legal title transfer, aligning with BoG’s Liquidity Risk Management Guidelines for asset resilience post-DDEP in 2023-2024.
• Integration in Modern Ghanaian Banking: These systems integrate into banking for resilience; for instance, during Access Bank Ghana’s recapitalization under BoG Notice No. BG/GOV/SEC/2023/05, equitable principles ensured fair treatment in debt restructurings, while common law precedents supported contract interpretations, promoting ethical practices and profitability.

This historical tracing underscores why Ghanaian banks train staff on these sources to navigate disputes, avoiding liabilities as in global comparisons like Barclays’ use of equitable remedies in fraud cases.

b.)  Sharing of Property Between B and C 

Since the father left GHS50,000.00 in his will specifically for his two children B and C, this is a testate succession governed by the Wills Act, 1971 (Act 360) in Ghana, not the Intestate Succession Law, 1985 (PNDC Law 111), which applies only without a valid will. The will designates the property to both children without specifying proportions, implying equal sharing unless otherwise stated.

Thus, B and C will each receive GHS25,000.00, regardless of the 10-year age difference, as age is irrelevant under the Wills Act unless the testator conditioned it (e.g., on reaching majority). In banking practice, when handling deceased estates at institutions like Ecobank Ghana, executors must distribute per the will after probate, obtained from the High Court. Failure to do so could lead to tort claims of conversion or negligence. For minors (if C is under 18), funds may be held in trust, aligning with BoG’s Corporate Governance Directive 2018 for ethical account management, ensuring compliance and customer trust in post-death procedures.