KWAME NKRUMAH UNIVERSITY OF SCIENCE & TECHNOLOGY

College of Humanities & Social Sciences

Faculty of Law

2022/2023 ACADEMIC YEAR

LAW 493: CONFLICT OF LAWS I

First Semester Tutorial Questions

SECTION A

1. At common law the following are defences to the recognition and enforcement of foreign
judgments
i. Fraud
ii. Natural justice
iii. Public policy
iv. Conflicting judgments

A. i ,ii and iii

B. i, iii and iv
C. ii, iii and iv
D. All the above

2. The unique feature of the Convention on the Settlement of Investment Disputes between
States and Nationals of Other States (ICSID Convention) is that
A. Its processes are expedited
B. It applies to a large extent, general principles of Private International Law
C. It is progressive
D. National Courts cannot modify or set aside awards emanating from the Centre

3. The Ghanaian courts will decline jurisdiction where in the opinion of the court, a foreign
court will serve the interest of the parties and the ends of justice better. This doctrine is
known as
A. Lis alibi pendens
B. Acta jure gestionis
C. Acta jure imperii
D. Forum non conveniens

4. In enforcing foreign judgments under Common Law where there is an appeal pending
against the judgment, the court is likely to
A. Declare the judgment as not being a final judgment
B. Refer the issue of enforcement to the court which originally gave the judgment
C. Declare its power to enforce the judgment ousted
D. Stay proceeding on the enforcement pending the determination of the appeal

5. In Ghana, recognition and enforcement of foreign judgments is governed by

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 A. Statutes and common law
B. Statutes
C. Common law
D. None of the Above

6. According to ………………….., Conflict of Laws is “the law that comes to play when the
issue before the court affects some facts, events or transaction that is so closely connected
with a foreign system of law as to necessitate recourse to that system”
A. Dicey & Morris
B. Morris
C. Cheshire, North & Fawcett
D. None of the above

7. Mr. Brown, a Togolese died domiciled in Rwanda. In his will, he disposed of his estate in a
manner contrary to the law of Rwanda but not of Togo. The relevant Togolese choice of law
rule was that the validity of this disposition was to be determined by the law of his domicile
whilst the relevant Rwandan choice of law rule was that the estate is to be distributed
according to the law of his nationality. Which of the following problem(s) does the above
scenario give rise to in Conflict of Laws.
A. Renvoi
B. Characterisation
C. Incidental Question
D. All of the above

8. The suggested solution to the problem of characterisation which suggests a two stage
process involving an initial resort to the lex fori and then a second stage resort to an
examination of the foreign legal rule in its own contexts is referred to as
A. Lex fori theory
B. Lex causae theory
C. Falcombridge’s view
D. Analytical jurisprudence

9. According to Cheshire et al, the incidental question arises where the following conditions
exists
i. The main issue under consideration should be governed by private international law
ii. There should be uniformity in the choice of law rules of the forum and the foreign law
with which the subject matter is closely related
iii. There should be a subsidiary question which should have a foreign element and could
arise separately with its own rule of choice of law
iv. The choice of law rule should lead to a different conclusion other than what the primary
choice of law would have led to
A. i, ii and iii
B. i, iii and iv
C. i, ii and iv
D. ii, iii and iv

10. The issue raised by the incidental question is whether

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 A. the main law as characterized for the primary issue should be used to govern the
incidental question or vice versa
B. the primary issue should be characterized using the lex fori
C. the primary issue should be accorded more prominence by the forum court
D. None of the above

11. Which of the following cases applied the doctrine of single renvoi
A. Forgo’s Case (1883)10 Clunet 64
B. Hamilton v Dallas (1875)1 Ch D 257
C. Re Annesley[1926] Ch 692
D. Re Askew [1930]2 Ch 692

12. Which of the following statement is true concerning changes in the lex causae regarding
time factor
A. There is a settled proposition that the lex causae should be taken to mean the law at
the time of application
B. There is an overriding consensus among scholars that lex causae should be taken to
mean the law in its entirety; to include changes from the date of the event or
transaction to the date of the application
C. The lex causae should be taken to mean the law at the date of the occurrence of the
event
D. None of the above

13. In Ghana a person’s domicile is determined by the

A. Lex domicilii
B. Lex causae
C. Lex fori
D. Lex contractus

14. The burden of proof of acquisition of a domicile of choice lies with

A. The forum court
B. The foreign court
C. The person who challenges the claim to the domicile of choice
D. The person who makes the claim to the domcile of choice

15. According to Lord Scarman in R v Barnet Longdon Borough Council Ex parte Shah,
A. There is no conceptual difference between ordinary residence and habitual residence
B. Ordinary residence is a better connecting factor compared to habitual residence
C. Habitual residence is a foreign concept to Private International Law
D. Both ordinary and habitual residence are outmoded concepts in Private International
Law

16. Foreign law may be excluded where

A. It breaches fundamental public policy
B. Is excluded by statute
C. Both A and B
D. None of the above

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17. The Ghanaian courts will decline to exercise jurisdiction where a case involves an
international organization which has been
A. Granted immunity by the President under Article 2 of the Vienna Convention on
Diplomatic Immunity (1961)
B. Granted immunity by the President under section 2 of the Diplomatic Immunity Act,
1962 of Ghana
C. Granted immunity by the President under section 81 of the Courts Act, 1993 (Act 459)
of Ghana
D. Granted immunity under the Alternative dispute Resolution Act, 2010 (Act 798) of
Ghana

18. The rules of foreign law in Ghana have the status of

A. Law to be ascertained by the lex fori
B. Facts to be proved
C. Both A and B
D. None of the above

19. The procedure in maritime actions are regulated by

A. Section 62 of the Courts Act, 1993 (Act 459)
B. Order 62 of the High Court, Civil Procedure rules (2004) C.I 47
C. Both A and B
D. None of the Above

20. In Ghana the statutory regime for the enforcement of foreign judgment applies to
judgments from countries which
A. Have a legal system similar to that of Ghana
B. Enjoy reciprocal benefits as determined or designated by the President of Ghana
C. Have private international law rules similar to that of Ghana
D. All the above

21. The suggested solution to the problem of characterization which suggests a two-stage
process involving an initial resort to the lex fori and then a second stage resort to an
examination of the foreign legal rule in its own contexts is referred to as:
E. Lex fori theory
F. Lex causae theory
G. Falcombridge’s view
H. Analytical jurisprudence

22. According to Cheshire et al, the incidental question arises where the following conditions
exists:
i. The main issue under consideration should be governed by private international law
ii. There should be uniformity in the choice of law rules of the forum and the foreign law
with which the subject matter is closely related
iii. There should be a subsidiary question which should have a foreign element and could
arise separately with its own rule of choice of law
iv. The choice of law rule should lead to a different conclusion other than what the primary
choice of law would have led to

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 E. i, ii and iii
F. i, iii and iv
G. i, ii and iv
H. ii, iii and iv

23. The issue raised by the incidental question is whether:

E. the main law as characterized for the primary issue should be used to govern the
incidental question or vice versa
F. the primary issue should be characterized using the lex fori
G. the primary issue should be accorded more prominence by the forum court
H. None of the above

24. Which of the following cases applied the doctrine of single renvoi:
E. Forgo’s Case (1883)10 Clunet 64
F. Hamilton v Dallas (1875)1 Ch D 257
G. Re Annesley[1926] Ch 692
H. Re Askew [1930]2 Ch 692

25. At common law the following are defences to the recognition and enforcement of foreign
judgments:
i. Fraud
ii. Natural justice
iii. Public policy
iv. Conflicting judgments

E. i ,ii and iii

F. i, iii and iv
G. ii, iii and iv
H. All the above

26. The unique feature of the Convention on the Settlement of Investment Disputes between
States and Nationals of Other States (ICSID Convention) is that:
E. Its processes are expedited
F. It applies to a large extent, general principles of Private International Law
G. It is progressive
H. National Courts cannot modify or set aside awards emanating from the Centre

27. The Ghanaian courts will decline jurisdiction where in the opinion of the court, a foreign
court will serve the interest of the parties and the ends of justice better. This doctrine is
known as:
E. Lis alibi pendens
F. Acta jure gestionis
G. Acta jure imperii
H. Forum non conveniens

28. In enforcing foreign judgments under Common Law where there is an appeal pending
against the judgment, the court is likely to:
E. Declare the judgment as not being a final judgment

5
 F. Refer the issue of enforcement to the court which originally gave the judgment
G. Declare its power to enforce the judgment ousted
H. Stay proceeding on the enforcement pending the determination of the appeal

29. In Ghana, recognition and enforcement of foreign judgments is governed by:

E. Statutes and common law
F. Statutes
G. Common law
H. None of the Above

30. According to ………, Conflict of Laws is “the law that comes to play when the issue
before the court affects some facts, events or transaction that is so closely connected with a
foreign system of law as to necessitate recourse to that system”.
E. Dicey & Morris
F. Morris
G. Cheshire, North & Fawcett
H. None of the above

31. Mr. Brown, a Togolese died domiciled in Rwanda. In his will, he disposed of his estate in
a manner contrary to the law of Rwanda but not of Togo. The relevant Togolese choice of
law rule was that the validity of this disposition was to be determined by the law of his
domicile whilst the relevant Rwandan choice of law rule was that the estate is to be
distributed according to the law of his nationality. Which of the following problem(s) does
the above scenario give rise to in Conflict of Laws?
E. Renvoi
F. Characterisation
G. Incidental Question
H. All of the above

32. Which of the following statements is true concerning changes in the lex causae regarding
time factor:
E. There is a settled proposition that the lex causae should be taken to mean the law at
the time of application
F. There is an overriding consensus among scholars that lex causae should be taken to
mean the law in its entirety; to include changes from the date of the event or
transaction to the date of the application
G. The lex causae should be taken to mean the law at the date of the occurrence of the
event
H. None of the above

33. In Ghana a person’s domicile is determined by…

E. Lex domicilii
F. Lex causae
G. Lex fori
H. Lex contractus

34. The burden of proof of acquisition of a domicile of choice lies with…

E. The forum court

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 F. The foreign court
G. The person who challenges the claim to the domicile of choice
H. The person who makes the claim to the domcile of choice

35. According to Lord Scarman in R v Barnet Longdon Borough Council Ex parte Shah;
E. There is no conceptual difference between ordinary residence and habitual residence
F. Ordinary residence is a better connecting factor compared to habitual residence
G. Habitual residence is a foreign concept to Private International Law
H. Both ordinary and habitual residence are outmoded concepts in Private International
Law

36. Foreign law may be excluded where

E. It breaches fundamental public policy
F. It is excluded by statute
G. Both A and B
H. None of the above

37. The Ghanaian courts will decline to exercise jurisdiction where a case involves an
international organization which has been…
E. Granted immunity by the President under Article 2 of the Vienna Convention on
Diplomatic Immunity (1961)
F. Granted immunity by the President under section 2 of the Diplomatic Immunity Act,
1962 of Ghana
G. Granted immunity by the President under section 81 the Courts Act, 1993 (Act 459) of
Ghana
H. Granted immunity under the Alternative dispute Resolution Act, 2010 (Act 798) of
Ghana

38. The rules of foreign law in Ghana have the status of:
E. Law to be ascertained by the lex fori
F. Facts to be proved
G. Both A and B
H. None of the above

39. The procedure in maritime actions are regulated by…

E. Section 62 of the Courts Act, 1993 (Act 459)
F. Order 62 of the High Court, Civil Procedure rules (2004) C.I 47
G. Both A and B
H. None of the Above

40. In Ghana the statutory regime for the enforcement of foreign judgment applies to
judgments from countries which…
E. Have a legal system similar to that of Ghana
F. Enjoy reciprocal benefits as determined or designated by the President of Ghana
G. Have private international law rules similar to that of Ghana
H. All the above

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 SECTION B

1/ With regards to personal connecting factors, there is little international agreement as

to the appropriate test of belonging. Various legal systems have adopted various
connecting factors in resolving the issue of the ultimate choice of the proper personal
law. Write a balanced and well-reasoned opinion of what (if any) is the best test of
belonging’ discussing the various arguments for and against the widely recognised
connecting factors.

2/ Discuss the respective statutory regimes for the recognition and enforcement of
foreign judgments and arbitration awards in Ghana. In your discussions indicate
whether the role of the president in designating beneficiary states on the ‘basis of
reciprocity’ undermines or enhances the philosophy of conflict of laws?

3/ (a) The fact that a writ has been served on a defendant whether within or outside
Ghana does not mean a Ghanaian court will exercise jurisdiction over him. The court
is competent to decline jurisdiction in favour of a foreign forum. It does this using the
‘forum non conveniens’. Discuss the doctrine of forum non conveniens pointing out
the factors weighed by the court in making such determination.
(b) Tuffour was Ghana’s ambassador to America from 2004-2005. Maame Abena
instituted an action against him in the Kumasi High Court in 2011 for wrongs he
allegedly committed whilst serving as an ambassador in America. Tuffour relied on
the Vienna Convention on Diplomatic Relations 1961 (which has been implemented
under the Diplomatic Immunities Act of Ghana) and raised a preliminary objection
that all actions taken by him were done in his official capacity and he was therefore
immune from the court jurisdiction.

Advise Tuffour on whether the High Court can exercise jurisdiction over him under
the circumstances.

4/ There was a contract for sale of goods between Kofi and Manu both nationals of
Ghana and residents in Germany. The parties agreed that all disputes were to be
settled by arbitration in accordance with the laws of Germany. The goods were
delivered by Kofi from Ghana to Germany for use in Germany. In default of payment
by Manu, Kofi instituted an action in the Accra High Court for a breach of contract.
Manu raised a preliminary objection to the jurisdiction of the Court due to the
arbitration clause.

Advise the Court on the merits of Manu’s objection.

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5/ Discuss the philosophical underpinnings of Conflict of Laws as a course. In your
carefully considered opinion indicate the justification for the inclusion of the subject
in the undergraduate course at the Bachelor of Laws (LLB) level.

6/ Discuss the respective statutory regimes for the recognition and enforcement of
foreign judgments and arbitration awards in Ghana. In your discussions indicate
whether the role of the president in designating beneficiary states on the ‘basis of
reciprocity’ undermines or enhances the philosophy of conflict of laws.

7/ Amanda’s parents were originally from Sierra Leone but gave birth to
Amanda in 1990 when the parents were domiciled in England. Ten years
after Amanda’s birth her parents moved to Nigeria where they built up a
successful business and also acquired landed properties. While in Nigeria,
the parents maintained that they would return to Sierra Leone when they
retired or were no longer active. Amanda on her part always kept contact
with her friends in England and said she would marry an English man and
make England her permanent home. At the age of twenty-five, Amada
married Joseph, an Englishman and settled in England with him. Amanda
always said that she would leave England for good if her husband
predeceased her. After three years of marriage, Amanda travelled to
Australia to pursue a postgraduate programme but died six months later
during childbirth.

Trace the respective domiciles of (a) Amanda’s Parents and (b) that of
Amanda in her lifetime.

8/ (a) The fact that a writ has been served on a defendant whether within or outside
Ghana does not mean a Ghanaian court will exercise jurisdiction over him. The court
is competent to decline jurisdiction in favour of a foreign forum. It does this using the
‘forum non conveniens’. Discuss the doctrine of forum non conveniens pointing out
the factors weighed by the court in making such determination.
(b) Tuffour was Ghana’s ambassador to America from 2004-2005. Maame Efua
instituted an action against him in the Kumasi High Court in 2011 for wrongs he
allegedly committed whilst serving as an ambassador in America. Tuffour relied on
the Vienna Convention on Diplomatic Relations 1961 (which has been implemented
under the Diplomatic Immunities Act of Ghana) and raised a preliminary objection
that all actions taken by him were done in his official capacity and he was therefore
immune from the court jurisdiction.

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Advise Tuffour on whether the High Court can exercise jurisdiction over him under
the circumstances.

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