They are aids and our humble servants and not our masters, diff from rules of interpretation of statures, docs, etc. helps determine true meaning of word or phrase, mere tools like internal and external aids, canons, presumptions and special binding rules
Maunsell v Olins, the aids to construction not binding rules and do not therefore apply automatically. They are our servants and not our masters and may or may not be used where absurdity will arise. Not strictly applicable and the court may vary them at times
Common Sense as aid: context and background of text taken into consideration to arrive at reasonable interpretation.
Descriptive Words
Not part of law but aids interpretation, not strictly applied especially if absurdity may arise, s16 of Act 792 words in Act descriptive of another enactment are for convenience of reference only and not aid to the construing words they refer.
And/Or: And is conjunctive, where used in a list, then all the elements must be satisfied. Or is disjunctive, either one or the other but not both. In Riberro v Riberro the word ‘or’ was interpreted conjunctively to mean or/and.
A/The: A is an indefinite Article meaning general. The is a definite article meaning in particular.
Shall/May: Shall is mandatory and May is permissive as under Section 42 of Act 759.
He/She: Both are gender neutral and used interchangeably.
Plural/Singular: Both used interchangeably. Under PNDCL 111, spouse mean spouses, child mean children, etc.
Punctuations: May or may not be regarded and re-punctuated to make meaning, though not part of statute.
Linguistic canons
Assists in drawing inferences as to how to interpret a word
Expressio Unius est Exclusio Alterius: express mention of one or group of members of a class is an intention to exclude those not specifically mentioned. Impraim v Baffoe, Okunor J held that once the deceased testator expressly disposed to certain members of his family definite properties, it was intended to exclude those members not mentioned. Kwakye v AG, if the AFRCD provided procedure for trial in absentia in criminal trial but not for praesenti, then no other procedure not provided for will govern the latter.
Rep v Military Tribunal, Ex Parte Ofosu Armah per Abban J the maxim isn’t applicable where the legislature has already provided for that conspiracy applies to all offences in Act 29, thus no offence as Conspiracy to Subvert is rejected. Issoufou v Gh. Ports & Harbour Authority, SC held that rule not be strictly applied because omission may be due to inadvertence or accident else may be a dangerous master. That the merger of defendant’s company (Gh. Cargo) with another (Gh. Ports) per Act (Gh, Harbour & Authority Act) providing for transfer of assets but no mention of liabilities will not be applicable else injustice and inconsistency may arise and uncertainty and capricious application of Act.
Ejusdem Generis: where general words are followed by specific words all susceptible of being regarded as specimen of a single genus or category, the general words’ meaning must be restricted to the meaning of the specifics, unless it is reasonably clear from the context or the general scope be given a broader signification, mischief rule must prevail over the ejusdem generis maxim, rule is not to be applied merely, the existence of a genus or class is a sine qua non for the application of rule.
Asare v The Attorney General per Prof Kludze JSC “whenever the President is absent from GH” must be construed ejusdem geris with “for any other reason unable to perform the functions of his office”. Jebeille v Norwick Union Fire Ltd ice cream manufacturing business property insured to the tune of 800 pounds was described as “contents, consisting of stocks of sugar, milk powder, syrup, essence and the like.” The factory was destroyed in a fire outbreak, SC held that the claim for the value of het bicycles must fail, Bicycles cannot be the like of sugar, milk powder, etc.
Rep v Saffour II meaning of the word “revenue” per Administration of Lands Act Revenue for the purposes of this Act includes all rents, dues, fees, royalties, revenues, levies, tributes and other payments, whether in the nature of income or capital, from or in connection with lands subject to this Act. Okunor J expression [such as ‘other payments’] rents, dues, fees, royalties, revenues, levies, tributes” were in the same genus or class of payments, i.e. the genus of “periodic payments for the use of another’s property, moneys paid to the accused were in connection with the “initial arrangements for the release of the land” and “not for its use by the grantees. must be confined to periodic payments. Since the moneys received by the accused were not periodic payments but initial payments for the grant of land, such payments did not fall within the definition of “revenue”, Rep v HC, Ex parte Ploetner Any person claiming to be interested under a deed, will, or other written instrument, “other written instrument” must be construed ejusdem generis to include only written material belonging to the class of deeds, wills, etc. but certainly not enactments such as the Companies Code
Noscitur a sociis maxim: words are known from their associates, a word or phrase is not to be construed as if it stood alone but in the light of surrounding circumstances, court may have regard not only to the immediate surrounding words but also to other relevant parts of the Act. Bourne v Norwich Crematorium ‘Industrial buildings or structure’ means a building or structure in use…(c) for the purposes of trade which consists in the manufacture of goods or materials or the subjection of goods or materials to any process…” D carry on the trade of disposal of the human dead by cremation in a building, contend that their structure in question falls within the definition of section 271(1) of the tax Act for income tax assessment purposes. Crown contended that they do not for they were not industrial buildings, per Stamp J goods or materials is a phrase of the widest import embracing all things animate and inanimate. That it will be a distortion of the English language to describe the living or the dead as goods or materials.
R v Harris felony “to shoot at or stab, cut or wound” any person, “wound” was construed as restricted by the preceding words, i.e. connoting injuries inflicted by an instrument, bite off a finger or nose or to burn the face with a chemical compound, did not constitute wounding.
Ut res magis valeat quam pereat: it is better that a thing should have effect than be made void, not only in construing statutes but also deeds and documents, per Davies v Attorney General and Electoral Commission where the language of a statute was ambiguous so as to admit of two constructions, the consequences of the alternative construction must be considered, and that construction must not be adopted which would lead to manifest public mischief, Ex parte Adjei-supra per Sowah CJ the logic of the argument proffered if carried to its conclusion is that all the HC Divisions in GH must stop sitting until its membership is brought to full strength, i.e. twelve, doesn’t not accord with reason or the object of the Constitution, 1979,
Aids to Statutory Interpretation
Enacting or Operative Aids to Statutory Docs: sections, schedules, proviso, saving provisions and interpretation sections
Schedules: part of law, in conflict with provision latter prevails, read as whole together with other part of enactment per Kuenyehia-supra on interpreting the constitution.
Interpretation Clause: CL-definition in enactment won’t necessarily apply in all contexts in which word is used as in s38 of Act 792 part of law but applies only to said particular statute, applies only where no contrary intention in enactment, courts bound by it and can’t use ordinary or dictionary meaning, per Okwan v Amankwa gen rule of interpretation is where enactment has clearly defined words in interpretation section it is uncalled for and unnecessary to look elsewhere for the meaning of those words unless definition renders purpose of law absurd
Saving Provisions: a provision in enactment used to preserve rights, privileges and claims which could have been lost as a result of repeal or amendment to a statute, part of law and construed together with operative parts, perBritish Airways v AG unless sentenced or criminal provision saved by amending or substituting legislation, no charge can be made under repealed law else conflicts Art 19(11), where convicted but not sentenced amending enactment on sentence will apply as per s35(e) of Act 792.
Section: part of law, though statute be read as whole, section helps court know distinct part of law called upon to construe, under MOPA all operative [arts be read together before section construed else purpose can’t be identified.
Non-Enacting or Descriptive Aids to Statutory Docs: long and short titles, preamble, heading, marginal notes and footnotes Marginal Notes: not part of law, at CL not aid, per Adade J in Bilson v Apaloo though not part of enactment can be an aid to interpret, not used if misleading from enactment
Headings: s15 of Act 792 no part of law but for convenient reference, conflict between headings and provisions latter prevails, per NPP v AG (1993-94) unlike CL view that no reference be made to marginal notes and headings, in Gh where they are consistent with provision may be aid to interpret same
Preamble and Long Title: s13 of Act 792 part of law, assist to explain intent and object of Act, prevails over ambiguous operative parts, but where vice versa or both conflicts then operative parts prevail, per Rep v Jackson reference to preamble revealed that failure to report accident causing injury to worker was against s10 of Act which sought to protect factory workers although received monthly payments for said period, Smith v Smith preamble helps court understand object of Act and mischief law sought to cure.
Footnotes: not part of law, aid and helps in referencing, discloses repealed and amended legislation, per Kuenyehia v Archer Hayfron Benjamin JSC footnotes though not mentioned in our statutes or interpretation Act, could still be used as useful guides to interpretation
Punctuation: not strictly applied, may be variedly construed, per Constanzo v Tillinghast but doesn’t mean grammatical rules shouldn’t be followed as they afford strong guide to meaning
Internal Aids in Non-Statutory Docs
Non-Operative Parts: dates, recitals, punctuations, marginal notes, headings and titles.
Date: can’t void document where there is default. But only determines when it takes effect. If registrable on date of execution, if non-registrable, date in document, per sections 24, 26(2) Act 122-Land Registry Act, perAmuzu v Oklikah
Parties: must be named to be identifiable, representative should be named in corporations, etc.
Recitals: part of document and adhered to where operative parts are ambiguous. Made up of two parts, introductory recital (how owner acquired his ownership) and narrative recital (type of interest of owner and that of the purchaser).
Royal Insurance Co Ltd v G & S Insurance Co Ltd, the three basic rules in non-statutory interpretation when considering the relationship between recitals and the operative part are as follows: Where the recitals are clear and the operative part is ambiguous, the recitals govern the construction. Where the recitals are ambiguous and the operative part is clear, the operative part must prevail. Where both the recital and the operative parts are clear but they are inconsistent with each other, the operative part is to be preferred.
Punctuations: s4 of Act 792 punctuations as comma, full stop, question marks, colons and semi colons forms part of law
Titles and Headings: not part of law or doc but aid in interpretation, s15 of Act 792 heading not part of provision but intended for convenience of reference
Operative Parts: parcels, habendum, schedules, provisos, definitions and interpretation section
Parcel: describes the subject matter, if land then by its boundary owners. Ambiguity voids any claim of title, damages or injunction to said land. Anane v Donkor & Ors (consolidated) that the subject matter description must be clear and no ambiguity. The definiteness is not in respect of arithmetic.
Habendum: creates or disclose interest in the beneficiary,PY Atta v Kingsman Ltd
Testatum : introduces and describes nature of transaction, construed as part of doc, e.g. ‘this lease witnesseth that’
Receipt Clause: evident of receipt of consideration where there is dispute about payment of purchase price
Consideration: shows amount paid and proves that transaction isn’t gift
Attestation: shows doc was executed in presence of people
Jurat: present where party is illiterate as per Illiterate Protection Act, Duodu v Adomako presence of jurat on raises a rebuttable presumption of facts alleged in doc, and not to be used by illiterate as cloak against innocent person, i.e. in absence of jurat an illiterate who appears to perfectly understand the doc shall be bound by facts therein.
Provisos: part of law, control operative part, unless condition precedent to proviso is fulfilled operative part remain suspended unless contrary provision
Definitions and Interpretative Section: part of law, resorted to if any ambiguity arises
Internal Aids in Non-Statutory Docs
Falsa Demonstratio Non Nocet Cum De Corpore: a false description does not vitiate where there is no doubt which person or thing is meant”, where an item or property is wrongly or falsely described but it can be ascertained or identified, effect should be given to it in spite of the false description, to apply there must be an adequate and sufficient description of the property in the absence of the rejected part, not be applied where there is a subject which fits the whole of het description contained in the instrument; nor where there is no subject which fits any part of the description per National Society For The Prevention Of Cruelty To Children V. Scottish National Society For The Prevention Of Cruelty To Children accurate use of a name in a Will creates a strong presumption against one who is not named in the Will, not apply where all the words of description can be reconciled by a process of construction, per Diocesan Trustees of Church of England in Western Australia v Solicitor General (WA) testator made a devise to the trustees for the time being of the Lunatic Asylums in Western Australia. There was none, though the description of the testator was false, it was referable to one only, being the Freemantle Hospital for the Insane and the property was to pass to it,In Re Ofner, Samuel v Ofner testator bequeathed an amount of 200 pounds to his grandnephew “Robert Ofner” where he had no grandnephew by that name given to Richard, his grandnephew who the testator intended. to apply there must be an adequate and sufficient description of the property in the absence of the rejected part
Contra Preferentum Rule: Where there is an ambiguity in a deed or a document, the rule is that it should be construed against its grantor or maker, where the grantor or the maker is an illiterate and the grantee is a literate, the grantee should be able to satisfy the court that eth illiterate knew of the content and was aware of the ambiguity, per Evershed MR in John Lee and Son (Grantham) Ltd v Railway Executive we are presented with two alternative readings of this document, they have put forward a case which is by no means free from obscurity and have contended, rule applicable.
Expressio Eorum Quae Tacite Insunt Nihil Operatur: “the expression of what is implied has no operation”, no notice is taken of words used by the maker(s) of a document, if what he has said is exactly what is implied by law, has no greater effect than the implied term would have had, per Surey v Cole rent was reserved in the lease to the lessor and after his death, to his assigns, addition of the assigns was unnecessary because it was implied by law.