Nullity Nullified: The Poisoned Tree Can Now Bear Healthy Fruits

Nullity Nullified: The Poisoned Tree Can Now Bear Healthy Fruits

Justice Alexander Osei Tutu- October 21, 2024

Introduction If an act is a nullity, in the eyes of the law, it is treated as if it never existed. At common law, the ... Read More

To Adopt or Not to Adopt in Civil Cases: The New Judge’s Dilemma

To Adopt or Not to Adopt in Civil Cases: The New Judge’s Dilemma

Justice Alexander Osei Tutu- October 19, 2024

Introduction All too soon, the legal vacation has ended paving way for another busy legal year, in tandem with the tradition of our vocation. More ... Read More

Ghana Bar Association at the Crossroad; Sankofa! Or Yenkonkoaa! – A Call for Introspection and Retracing

Ghana Bar Association at the Crossroad; Sankofa! Or Yenkonkoaa! – A Call for Introspection and Retracing

Frederick Gurah Sampson- September 4, 2024

“…. For a very long time, the Ghana Bar Association acted as the conscience of the nation. When they speak, everybody shivers.…In times of challenges ... Read More

Ghana Music and disregard for Copyright:  From Kuame Eugene to Team Eternity, where do we draw the line?

Ghana Music and disregard for Copyright: From Kuame Eugene to Team Eternity, where do we draw the line?

Evelyn Bediakoh-Adu- July 23, 2024

Introduction The 2020 documentary titled ‘Afrobeats: The Backstory on Netflix’, credits the origin of Afrobeats to Ghana and Nigeria.  The music genre known as highlife ... Read More

Book Review: Contemporary and Evolving Issues in Civil Procedure and Litigation

Book Review: Contemporary and Evolving Issues in Civil Procedure and Litigation

Samuel Alesu-Dordzi- July 19, 2024

Justice Alexander Osei Tutu’s second publication in recent times, “Contemporary and Evolving Issues in Civil Procedure and Litigation,” is a useful reminder of how the ... Read More

Arbitrability of Claims of Forgery of Arbitration Agreement – Has Ghana Law Departed From the Prima Paint Rule?

Arbitrability of Claims of Forgery of Arbitration Agreement – Has Ghana Law Departed From the Prima Paint Rule?

Bobby Banson- July 17, 2024

1.Introduction There is no doubt that in most recent times, the approach of the court in Ghana is to as much as possible, promote alternate ... Read More

Permissible Positive Discrimination in a Just Society: A Social Pact of Equals

Permissible Positive Discrimination in a Just Society: A Social Pact of Equals

Selikem Donkor- July 15, 2024

Abstract In a democratic society, members are conceived as equals. The status of equality arises from the assumption that those who create a just society ... Read More

The LEADing Justice Initiative of the Chief Justice – An Innovative Vision Worthy of Support

The LEADing Justice Initiative of the Chief Justice – An Innovative Vision Worthy of Support

Frederick Gurah Sampson- July 9, 2024

“It should be emphasized that the judiciary as composed at present, in terms of article 125(1) of the 1992 Constitution, shall “be independent and subject ... Read More

Capacity: A Fundamental Concept Suffering From Conflicting Notions

Capacity: A Fundamental Concept Suffering From Conflicting Notions

Justice Alexander Osei Tutu- June 14, 2024

Introduction In 2008, His Lordship Anin Yeboah J.A. (as he then was) in the case of The Republic v. The Arbitration Committee of Mampong Gyase ... Read More

Does The General Legal Council Have Jurisdiction Over the Attorney-General?

Does The General Legal Council Have Jurisdiction Over the Attorney-General?

Frederick Gurah Sampson- June 3, 2024

Article 88 (1) “There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government. ... Read More

Right to Sue on Behalf of The Family: Settled Principles & Unsettling Surprises

Right to Sue on Behalf of The Family: Settled Principles & Unsettling Surprises

Justice Alexander Osei Tutu- May 31, 2024

Introduction The principle was laid down long ago under customary law that in matters affecting family property, it is the head of the family who ... Read More

Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions

Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions

Justice Alexander Osei Tutu- May 24, 2024

Introduction The power to alienate and capacity to litigate are cornerstones of the law of Immovable Property and legal proceedings (Civil Procedure). The power to ... Read More

Locus Standi of a Stranger to a Judgment: Analysis on the Decisions in Jacques v Harrison , Gbagbo v Owusu  & Lamptey v Hammond

Locus Standi of a Stranger to a Judgment: Analysis on the Decisions in Jacques v Harrison , Gbagbo v Owusu & Lamptey v Hammond

Derick Adu-Gyamfi- May 21, 2024

Introduction  A brief discussion on the origin of the term ‘locus standi’ or simply standing will be very useful to readers for the purpose of ... Read More

Capacity: A Janus-faced Concept  in Ghanaian Jurisprudence

Capacity: A Janus-faced Concept in Ghanaian Jurisprudence

Justice Alexander Osei Tutu- May 20, 2024

Introduction “Our word to you does not waver between ‘Yes’ and ‘No’. 2 Corinthians 1:18 NLT. The story of capacity is like the Biblical Reuben. ... Read More

Unmasking the Scope of Jurisdiction of a Court and Avoiding Judicial Journalism – A Look at Anas A. Anas v Kennedy Agyapong

Unmasking the Scope of Jurisdiction of a Court and Avoiding Judicial Journalism – A Look at Anas A. Anas v Kennedy Agyapong

Bobby Banson- May 15, 2024

Photo by Artem Beliaikin on Unsplash 1.Introduction: On the 15th of March 2023, Justice Eric Baah JA, sitting as an additional High Court Judge delivered ... Read More

Announcement: Appointment of Editors

Announcement: Appointment of Editors

Ghana Law Hub- April 30, 2024

The Ghana Law Hub is pleased to announce the appointment of Helen Amponsah Asare, and Kalvin A. McQuaye, to its editorial team. Helen is a ... Read More

The Role of Customary Successor in the Application for Letters of Administration: A Sine Qua Non or A Legal Superfluity?

The Role of Customary Successor in the Application for Letters of Administration: A Sine Qua Non or A Legal Superfluity?

Frederick Gurah Sampson- April 5, 2024

“In The lifetime of their relative, they cannot vent their spleen on his wife. The opportunity comes when he dies. The poor widow and her ... Read More

Navigating the Role of the Corporate Counsel: Insights from My Journey

Navigating the Role of the Corporate Counsel: Insights from My Journey

Helen Amponsah Asare- February 13, 2024

Transitioning from traditional private practice in a law firm to a successful Corporate (In-house) Counsel demands adaptation and the acquisition of new skills. In this ... Read More

The Doctrine of Continuous Violation: Can It Be Caught by the Doctrine of Estoppel and the Statute of Limitation?

The Doctrine of Continuous Violation: Can It Be Caught by the Doctrine of Estoppel and the Statute of Limitation?

Derick Adu-Gyamfi- January 1, 2024

“On principle of public policy nobody should be allowed to take advantage of his own wrong.” Introduction With this doctrine the decision in Bodner v ... Read More

Legal Effect of Service And Pendency of an Application for Injunction in Ghana – Restating the Position!

Legal Effect of Service And Pendency of an Application for Injunction in Ghana – Restating the Position!

Frederick Gurah Sampson- December 28, 2023

Dedication The author dedicates this paper to his sister, who obtained and graduated with her PhD from Ghana Institute of Management and Public Administration (GIMPA) ... Read More

Passing Law Without Touching the State’s Pocket: An Interpretive Answer To Article 108(a)ii & iii

Passing Law Without Touching the State’s Pocket: An Interpretive Answer To Article 108(a)ii & iii

Selikem Donkor- December 20, 2023

Abstract The powers of government to legislate, adjudicate, or implement laws are shared among the arms of government—Parliament, the Judiciary, and the Executive. These powers ... Read More

The Legal Effect of Warranties In Insurance Contracts – The Case of Expom Ghana Limited v Vanguard Assurance Company Limited & Anor [2022] 178 G.M.J 117 SC

The Legal Effect of Warranties In Insurance Contracts – The Case of Expom Ghana Limited v Vanguard Assurance Company Limited & Anor [2022] 178 G.M.J 117 SC

Samuel Alesu-Dordzi- December 6, 2023

The Supreme Court has in a recent decision touched on the application of the doctrine of warranties in insurance contracts. The doctrine of warranties is ... Read More

The Jurisprudence of Separability of Arbitration Clauses & Allegation of Fraud to Prevent a Reference to Arbitration

The Jurisprudence of Separability of Arbitration Clauses & Allegation of Fraud to Prevent a Reference to Arbitration

Ghana Law Hub- November 28, 2023

Author: James Gawuga Nkrumah Introduction Increasingly, arbitration is becoming the norm for dispute resolution and not really an alternative to litigation. Parties to commercial agreements ... Read More

Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?

Judgment & Pleadings of Previous Suits in Res Judicata: To Tender or Not to Tender?

Justice Alexander Osei Tutu- November 10, 2023

Introduction When a name or concept is ‘corrupted’ over time due to its misspelling or mispronunciation, it becomes very difficult to revert to the original ... Read More

Liquidation: Whether Or Not The Liquidation Of A Licensed Insurance Company In Ghana Can Be Commenced By An Originating Motion On Notice

Liquidation: Whether Or Not The Liquidation Of A Licensed Insurance Company In Ghana Can Be Commenced By An Originating Motion On Notice

Ghana Law Hub- October 24, 2023

Author:Vanessa Awurabena Davis Esq, AB Lexmall & Associates Introduction The High Court, Accra, has ruled on the legality of commencing the liquidation of a licensed ... Read More

America’s Gun Pandemic: How “Originalists” Failed The Republic

Nick Opoku- October 1, 2023

Last Monday, August 28, 2023, there was yet another incident of gun violence in the US. This time, a faculty member at the University of ... Read More

Summary Judgment: A Cliché in Summary Disposal of Cases in Liquidated Claims

Summary Judgment: A Cliché in Summary Disposal of Cases in Liquidated Claims

Derick Adu-Gyamfi- September 15, 2023

Introduction Summary judgment is one given in favour of a plaintiff without a plenary trial of the action. The normal steps of filing all necessary ... Read More

What Constitutes “Reasonable Time Or Unreasonable Delay” In Criminal Trials? The Case of Article 14(4) of the 1992 Constitution

What Constitutes “Reasonable Time Or Unreasonable Delay” In Criminal Trials? The Case of Article 14(4) of the 1992 Constitution

Ghana Law Hub- September 14, 2023

Author: Ernest Kyere  Introduction The skinny, malnourished-looking Kofi Boakye walked into the courtroom. His face grimaced as he felt all the stares on him. With ... Read More

Arguing New Grounds of Appeal – To Seek Leave Or Not

Arguing New Grounds of Appeal – To Seek Leave Or Not

Bobby Banson- September 11, 2023

INTRODUCTION When a Party is dissatisfied with a decision of a court, be it a ruling or judgement, that Party may appeal against that decision ... Read More

A Practical Guide to Real Estate Investment Trusts (REITs)

A Practical Guide to Real Estate Investment Trusts (REITs)

Nick Opoku- June 13, 2023

The popularity of Real Estate Investment Trusts (REITs) is on the rise globally and Ghana is no exception. This is driven by investors’ need for ... Read More

‘Bulley’ Them No More, Are Letters of Administration Indispensable?

‘Bulley’ Them No More, Are Letters of Administration Indispensable?

Ghana Law Hub- June 2, 2023

Authors:  Joseph Bondzie Afrifa & Vanessa S. Zormelo Abstract In this Article, the authors seek to discuss the position of the law concerning the issue ... Read More

Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court

Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court

Justice Alexander Osei Tutu- May 26, 2023

Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey (described ... Read More

Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters

Ex Parte Yvonne Amponsah Brobbey in Retrospect: An Appraisal of the Mandate of the Rules Committee and Related Matters

Justice Alexander Osei Tutu- March 24, 2023

Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party), the ... Read More

Ex Parte Yvonne Amponsah Brobbey Case: Did the Supreme Court actually shut the door on Civil Proceedings in an intermedelling Case?

Ex Parte Yvonne Amponsah Brobbey Case: Did the Supreme Court actually shut the door on Civil Proceedings in an intermedelling Case?

Justice Alexander Osei Tutu- March 16, 2023

Photo by Tierra Mallorca on Unsplash Introduction Last month, the Supreme Court in the landmark case of the Republic v. High Court (Commercial Division), Accra; ... Read More

Business Email Compromise and You

Ghana Law Hub- March 7, 2023

Photo by Markus Spiske on Unsplash By: Barbara Ewoenam Afua Kukah Introduction The COVID-19 pandemic aside, one of the most shocking events of the year 2020 ... Read More

Has it registered that your company needs a register?

Has it registered that your company needs a register?

Shirley Somuah- March 2, 2023

Photo by Marissa Grootes on Unsplash Take your average limited liability company incorporated in Ghana: the typical minimum of two directors and at least one ... Read More

Of Testamentary Freedom Under Ghana Law and The Limitations Thereof – The Case of Man Born Free but Everywhere in Chains?

Of Testamentary Freedom Under Ghana Law and The Limitations Thereof – The Case of Man Born Free but Everywhere in Chains?

Frederick Gurah Sampson- February 28, 2023

Photo by Melinda Gimpel on Unsplash It is the Political Philosopher J.J. Rousseau who said “Man is born free but everywhere is in chains.” It ... Read More

The Attorney-General’s Unsolicited Advice To The Auditor-General: Why The Attorney-General Gets It Wrong

The Attorney-General’s Unsolicited Advice To The Auditor-General: Why The Attorney-General Gets It Wrong

Nick Opoku- February 24, 2023

The Attorney-General (the “AG”), Godfred Dame, has taken issue with the publication of a special audit report on the government of Ghana’s COVID-19 expenditures covering ... Read More

Res judicata: The Undefined Borders

Res judicata: The Undefined Borders

Justice Alexander Osei Tutu- February 24, 2023

Introduction The Common Law doctrine of res judicata holds that where a court of competent jurisdiction has determined a case to finality, the parties and ... Read More

Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?

Must An Application for Recovery of Possession of Immovable Property Be Made on Notice or Ex Parte?

Ghana Law Hub- February 2, 2023

Authors:  Antoinette Kyeremanteng & Theophilus Boateng Osei Abstract This paper seeks to analyze, evaluate and examine the contention whether or not recovery of possession after ... Read More

George Odamtten & Ors v. Wuta-Ofei & Ors [2018]: A Laudable Demonstration of Judicial Reasoning by the Supreme Court?”

George Odamtten & Ors v. Wuta-Ofei & Ors [2018]: A Laudable Demonstration of Judicial Reasoning by the Supreme Court?”

Ghana Law Hub- January 16, 2023

Author: Joel Oheneba Afari-Acquah Abstract The Supreme Court of Ghana in George Odamtten & Ors v Wuta-Ofei & Ors affirmed the decision of the Court of ... Read More

New FIFA Football Agent Regulations – Requirements to become a Ghanaian Football Agent.

New FIFA Football Agent Regulations – Requirements to become a Ghanaian Football Agent.

Nana Kwabena Anin-Yeboah- January 9, 2023

Voice Summary by Author:   According to reports, Paul Pogba's agent, the late Mino Raiola, made £41 million from his client's 2016 transfer to Manchester United. This transfer ... Read More

Treatment of Shareholders’ Unclaimed Dividends Under the Companies Act 2019, (Act 992) and the Constitutional issue that Arises!

Treatment of Shareholders’ Unclaimed Dividends Under the Companies Act 2019, (Act 992) and the Constitutional issue that Arises!

Frederick Gurah Sampson- December 18, 2022

 Voice Summary: Introduction Businesses, be it Limited Liability Companies, Sole Proprietorships, Partnerships etc in Ghana like elsewhere exist with the aim of maximizing profit. Shareholders ... Read More

General Traverse, Where is your sting?

General Traverse, Where is your sting?

Ghana Law Hub- December 11, 2022

Author:Richmond Agbelengor Voice summary: 1.Introduction In a legal tussle, facts alleged by a party and admitted by the opposite party do not become facts in ... Read More

Default Judgment and the Doctrine of Estoppel Per Rem Judicata: A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)

Default Judgment and the Doctrine of Estoppel Per Rem Judicata: A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)

Derick Adu-Gyamfi- November 22, 2022

Voice Summary by Author: Introduction  Meaning of default judgment Default judgment is a judgment which is not on its merits but a judgment based solely ... Read More

Seeking Default Judgments over Declaratory Reliefs Under Ghana Law – Navigating the Procedural Nuances

Seeking Default Judgments over Declaratory Reliefs Under Ghana Law – Navigating the Procedural Nuances

Frederick Gurah Sampson- November 12, 2022

Voice Summary by Author:   Introduction. The objective of every Plaintiff who commences an action either by issuance of writ, petition or an originating motion ... Read More

Ghana’s Push for Compulsory Arbitration in Respect of Some Causes of Action- A Hit or A Miss?

Ghana’s Push for Compulsory Arbitration in Respect of Some Causes of Action- A Hit or A Miss?

Bobby Banson- July 14, 2022

Introduction The word “arbitration” has gained a lot of traction in recent years. It is now “fashionable” or “chique” to incorporate arbitration clauses in all ... Read More

Summary: Transparency International & Ors V Republic of Ghana (the Agyapa Case)

Summary: Transparency International & Ors V Republic of Ghana (the Agyapa Case)

Nick Opoku- July 8, 2022

On July 13, 2022, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) shall deliver its judgment in a ... Read More

Rahim Baba Salifa: The Boy Caught Between Ghana-Guinea Tensions

Rahim Baba Salifa: The Boy Caught Between Ghana-Guinea Tensions

Samuel Alesu-Dordzi- May 30, 2022

The early days of law school was difficult. It required getting used to the case law method of teaching and learning. And adapting to the ... Read More

Owusu v. Addo: An Unnecessary Hurdle In The Pursuit Of Justice

Owusu v. Addo: An Unnecessary Hurdle In The Pursuit Of Justice

Bobby Banson- April 21, 2022

Summary: The author considers the impact of the Supreme Court’s strained and narrow interpretation of the word “judgment” in Article 131 in Owusu v Addo ... Read More

Insolvency and Arbitration: An Analysis of Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798)

Insolvency and Arbitration: An Analysis of Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798)

Bobby Banson- April 10, 2022

1.Introduction Conflict has become accepted as part of human engagements and endeavours. When conflict arises, the disposition of the parties involved in it is to ... Read More

An Examination of Victim-Offender Mediation in the Criminal Justice System

An Examination of Victim-Offender Mediation in the Criminal Justice System

Maureen Emefa Bansah- April 3, 2022

A.Introduction As traditional court processes become unpopular, there has been recourse to flexible modes of adjudication through alternative dispute resolution. In the criminal justice context, ... Read More

Rethinking Article 68(5) of the 1992 Constitution – Taxation of the Emoluments of the President of the Republic of Ghana – An Introspection

Rethinking Article 68(5) of the 1992 Constitution – Taxation of the Emoluments of the President of the Republic of Ghana – An Introspection

Frederick Gurah Sampson- March 28, 2022

Introduction. The President of Ghana is, under the law, the first gentleman of the land and he takes precedence over all other persons in Ghana. ... Read More

Matters Arising Out of the Abdulai Court: Presiding Members can Wear two Hats

Matters Arising Out of the Abdulai Court: Presiding Members can Wear two Hats

Professor Stephen Kwaku Asare- March 12, 2022

Article 110(1) of the Constitution provides that “subject to the provisions of this Constitution, Parliament may, by standing orders, regulate its own procedure.” Article 101 ... Read More

Territorial Jurisdiction of Lower Courts- Can Suits Be Transferred From One Lower Court to Another?

Territorial Jurisdiction of Lower Courts- Can Suits Be Transferred From One Lower Court to Another?

Bobby Banson- February 1, 2022

1.Synopsis It isaccepted that there is only one (1) High Court in Ghana but for administrative convenience, the Chief Justice may create different high courts ... Read More

Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana

Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana

Derick Adu-Gyamfi- January 30, 2022

Introduction It is fundamental in litigation that parties must commence action against relevant parties to the suit. A plaintiff who conceives that he has a ... Read More

12 Strategies to Becoming the Happiest Lawyer Alive

12 Strategies to Becoming the Happiest Lawyer Alive

Francisca Serwaa Boateng- January 12, 2022

Introduction Lawyers are the most knowledgeable and distinguished of all professionals. By our very training and orientation, we are imbibed with diligence, hard work, integrity ... Read More

Parliamentary Immunity: A Ticket Above The Law?

Parliamentary Immunity: A Ticket Above The Law?

Nick Opoku- November 15, 2021

The ongoing impasse between the Ghana Police Service and the Member of Parliament (MP) for Madina Constituency, Mr. Francis Xavier-Sosu, supported by the Speaker of ... Read More

Jurisprudence Day Outside Ghana’s Courts: Ghana Law Admission Policy and the Test of Constitutionalism

Jurisprudence Day Outside Ghana’s Courts: Ghana Law Admission Policy and the Test of Constitutionalism

Selikem Donkor- November 8, 2021

The title of this article rings a bell in the mind of the legally savvy. Yes, it is a refinement of the title of Dr. ... Read More

Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah  Revisited.

Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah Revisited.

Derick Adu-Gyamfi- November 4, 2021

Introduction Grounds of appeal are the complaints in a judgment which touch upon issues of fact, law or procedure in a case, which if upheld ... Read More

Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A Missed Opportunity To Strengthen Public Financial Management

Klomega (no.2) v. Attorney-general, Ghana Ports and Harbours Authority and others: A Missed Opportunity To Strengthen Public Financial Management

Nick Opoku- October 26, 2021

Abstract Agreements made by or on behalf of the Government of Ghana (‘GoG’) play a key role in securing resources for national development, managing the ... Read More

Custodial Sentences in Ghana: A Case Study of The Republic v. Rosemond Brown aka Akuapem Poloo

Custodial Sentences in Ghana: A Case Study of The Republic v. Rosemond Brown aka Akuapem Poloo

Claudia Coleman- October 25, 2021

In a bid to show her intense love to a son on his seventh birthday, a mother posts a nude picture taken with her son ... Read More

Loans and Jointly Acquired Properties: A Brief Note on Adjei v Adjei

Loans and Jointly Acquired Properties: A Brief Note on Adjei v Adjei

Samuel Alesu-Dordzi- October 3, 2021

Early on this year (on 21st April 2021), the Supreme Court in Peter Adjei v Margaret Adjei held that property acquired with a loan, which ... Read More

Is The Outcome of an Interpleader Proceeding Interlocutory or Final?

Is The Outcome of an Interpleader Proceeding Interlocutory or Final?

Bobby Banson- September 28, 2021

1.Introduction A person who holds a property to which he/she does not claim any legal or equitable interest may find himself/herself in a situation where ... Read More

Are VAT Tax Credit Refunds limited to Exporters only? – The case of The Republic vs. The Commissioner-General of the Ghana Revenue Authority; Ex Parte Agility Distribution Parks Ghana Ltd

Are VAT Tax Credit Refunds limited to Exporters only? – The case of The Republic vs. The Commissioner-General of the Ghana Revenue Authority; Ex Parte Agility Distribution Parks Ghana Ltd

Ivy Jones-Amoah- September 7, 2021

The Background The Applicant taxpayer is a private limited liability company in the business of constructing commercial warehouses for rent. The Commissioner-General of the Ghana ... Read More

The Evil Lurking in The Shadow Of Martin Kpebu No .2 And The Struggle For Power

The Evil Lurking in The Shadow Of Martin Kpebu No .2 And The Struggle For Power

William Agyei- August 30, 2021

Introduction John Salmond wrote on liberty: “legal liberties are the benefits which I derive from the absence of legal duties imposed upon myself. They are ... Read More

7 Practical Tips For GSL Entrance Exam Candidates

7 Practical Tips For GSL Entrance Exam Candidates

Nick Opoku- August 23, 2021

To all our friends preparing for the Ghana School of Law entrance exam next Tuesday, August 24, 2021, we have you in our thoughts. Give it your best shot. Here ... Read More

Garnisheeing Joint Bank Accounts – The Ghanaian Law Perspective

Garnisheeing Joint Bank Accounts – The Ghanaian Law Perspective

Frederick Gurah Sampson- August 4, 2021

Frederick Gurah Sampson Esq and Roselyne Kaledzi Esq Introduction. The Bank-Customer relationship usually commences with the account opening processes. This is the stage where the ... Read More

Setting Aside Arbitral Awards: Justice Justin Kofi Dorgu’s Bold Incision Into The Alternative Dispute Resolution Act, 2010 (Act 798)

Setting Aside Arbitral Awards: Justice Justin Kofi Dorgu’s Bold Incision Into The Alternative Dispute Resolution Act, 2010 (Act 798)

Bobby Banson- August 3, 2021

1.Introduction Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798) (“hereinafter referred to as the ADR Act”), has been hailed by Scholars as very progressive. Dr. ... Read More

The Enforcement of Morals: A Delimitation of the Criminal Sphere of Morality

The Enforcement of Morals: A Delimitation of the Criminal Sphere of Morality

Selikem Donkor- July 26, 2021

Introduction It is without doubt, a reasonable one, that a State has authority over its citizens whether de jure or de facto. This authority of ... Read More

The Meaning and Import of Article 181 (5) of the 1992 Constitution and its Effect on Statutory Corporations Set Up with Commercial Functions

The Meaning and Import of Article 181 (5) of the 1992 Constitution and its Effect on Statutory Corporations Set Up with Commercial Functions

Helen Amponsah Asare- July 11, 2021

Introduction Article 181(5) of the 1992 Constitution requires that all international business or economic transactions to which the Government is a party must be laid ... Read More

Domestic Violence in Ghana: An Analysis of Ghana’s Current Legal Regime

Domestic Violence in Ghana: An Analysis of Ghana’s Current Legal Regime

Ghana Law Hub- June 30, 2021

By: Claudia N.A. Coleman (Private Legal Practitioner) Physical spousal abuse became a regular theme in Media reports in the late 1990s, thus resulting in the ... Read More

Flubbing One’s Lines:  Revisiting #FixTheCountry’s Horrid Day at the Ghana Supreme Court!

Flubbing One’s Lines: Revisiting #FixTheCountry’s Horrid Day at the Ghana Supreme Court!

Mawuse Oliver Barker-Vormawor- June 24, 2021

What is this thing I read here? This is a legal article. It may surprise some, who read it, but this is very much a ... Read More

Fixing the Culture of Unlawful Arrest and Detentions: A Look at the Rules of Engagement of the National Security Apparatus

Fixing the Culture of Unlawful Arrest and Detentions: A Look at the Rules of Engagement of the National Security Apparatus

Bobby Banson- May 24, 2021

1.Introduction These days, the mention of National Security evokes fear and intimidation, to say the least. Media reports abound as to alleged unlawful arrests and ... Read More

The Decline of Allodial Title in Ghana

The Decline of Allodial Title in Ghana

Justice Alexander Osei Tutu- May 14, 2021

Meaning of the term – Allodial The word ‘Allodial’ means absolute interest or original heritage’. In Ghana, it is described as “the highest or ultimate ... Read More

Allodial interest under the Land Act, 2020: Some thoughts

Allodial interest under the Land Act, 2020: Some thoughts

Justice Alexander Osei Tutu- May 7, 2021

Introduction The problems that confronted land acquisition and administration in Ghana were daunting. It was therefore a big relief when a new land law was ... Read More

Blue Law: An Insight

Blue Law: An Insight

Justice Alexander Osei Tutu- April 29, 2021

INTRODUCTION Perhaps, you were wondering why during the trial of the former Minneapolis police officer Derek Chauvin, the court sat on Good Friday and Easter ... Read More

When Long Possession Can Ripen Into Ownership

When Long Possession Can Ripen Into Ownership

Justice Alexander Osei Tutu- April 23, 2021

Introduction Not too long ago, there was an information on social media, particularly on Whatsapp platforms to the effect that, if you put a caretaker ... Read More

Contractual Damages: What to and Not to Claim and How to Get Through

Contractual Damages: What to and Not to Claim and How to Get Through

Kwesi Papa Owusu-Ankomah- April 20, 2021

So you’ve been wronged. You’re sure of that. Your lawyer agrees with you. You’re now excited, you’re about to get revenge and you want all ... Read More

The Bolam Test: An Unfair Decision in the Torts of Professional Negligence.

The Bolam Test: An Unfair Decision in the Torts of Professional Negligence.

Derick Adu-Gyamfi- April 6, 2021

Photo by Sharon McCutcheon on Unsplash Introduction In his book, Winfield and Jolowicz on Torts, by Rogers W.V.H 13th edition, Sweet and Maxwell, the learned ... Read More

Can Samuel Okudzeto Ablakwa (MP) Resign from the Appointments Committee of Parliament? : A Constitutional Perspective

Can Samuel Okudzeto Ablakwa (MP) Resign from the Appointments Committee of Parliament? : A Constitutional Perspective

Mawuse Oliver Barker-Vormawor- April 1, 2021

On Tuesday, March 30 2021, news broke that Samuel Okudzeto Ablakwa, the Honourable Member of for the North Tongu Constituency, had elected, through a letter ... Read More

Trying Criminal Cases De Novo: The Ghana Situation

Trying Criminal Cases De Novo: The Ghana Situation

Selasi Kuwornu- March 31, 2021

Introduction: In legal practice, the expression ‘trial de novo’ connotes trying a case afresh as ‘de novo’, a Latin expression, means over again or anew. ... Read More

Making a Case for the Enforcement of Prenuptial Agreements in Ghana

Making a Case for the Enforcement of Prenuptial Agreements in Ghana

Justice Alexander Osei Tutu- March 19, 2021

Introduction In 2014, Citifmonline.com reported a news item in which a family lawyer and former lecturer of the Ghana Law School, Dr. Kofi Adinkrah who ... Read More

Summary of 2021 Presidential Election Petition Ahead of Supreme Court Judgment

Summary of 2021 Presidential Election Petition Ahead of Supreme Court Judgment

Nick Opoku- March 3, 2021

Facts The Supreme Court shall deliver its judgment in the presidential election petition filed by the flagbearer for the National Democratic Congress (NDC) in the ... Read More

Obituary: Kojo Bentsi-Enchill

Obituary: Kojo Bentsi-Enchill

Samuel Alesu-Dordzi- February 28, 2021

Kojo Bentsi-Enchill,  lawyer, writer, and pioneer of Ghanaian corporate practice, died on February 13, 2021, aged 71. He is crazy. “The product is where it ... Read More

COVID-19 And Force Majeure Clauses – Scaling the Hurdle

COVID-19 And Force Majeure Clauses – Scaling the Hurdle

Kwesi Papa Owusu-Ankomah- February 27, 2021

Introduction  Ever so often, commercial persons have concerned themselves with what they consider the operative parts of contracts they enter into. Typically, boilerplate clauses which ... Read More

What Do We Desire/Expect From our Legal Apprentices Otherwise Referred to as Pupils?

What Do We Desire/Expect From our Legal Apprentices Otherwise Referred to as Pupils?

Ghana Law Hub- February 23, 2021

By Charlotte O. Kwakye-Nuako, Esq, PhD  Legal practice is basically an apprenticeship backed by law—at least at the beginning. The Legal Profession Act, 1960 (Act ... Read More

Preliminary Legal Issues for Determination: When to Raise Them.

Preliminary Legal Issues for Determination: When to Raise Them.

Bobby Banson- February 15, 2021

1.Introduction Parties go to court because they are unable to settle their disputes amicably. The rules of court have been enacted to provide an avenue ... Read More

Rethinking Article 78(1), of the 1992 Constitution of the Republic of Ghana – Lessons from Ghana’s Election 2020.

Rethinking Article 78(1), of the 1992 Constitution of the Republic of Ghana – Lessons from Ghana’s Election 2020.

Frederick Gurah Sampson- January 31, 2021

Introduction. If there is one thing that the Parliamentary results of the 2020 elections taught Ghanaians (both politicians and non-politicians), it is the need for ... Read More

A Message of Hope for the Year 2021

A Message of Hope for the Year 2021

Justice Alexander Osei Tutu- January 8, 2021

Introduction Year 2021 gives some glimpses of hope universally coming straight from 2020, a year that the world was wracked with the deadly Covid-19 Pandemic. ... Read More

In the Matter of Abena Ackah v Agricultural Development Bank: Has the Supreme Court Given to Caesar What Belongs to God?

In the Matter of Abena Ackah v Agricultural Development Bank: Has the Supreme Court Given to Caesar What Belongs to God?

Bobby Banson- January 6, 2021

1.Introduction The dichotomy between the Church and the State was epitomized in the words of Jesus Christ in the following text which is found in ... Read More

The Curious Case of SALL

The Curious Case of SALL

Samuel Nartey- January 4, 2021

In this post, I summarise the key events leading to the Electoral Commission of Ghana's failure to hold parliamentary elections in the traditional areas of ... Read More

The Guan Parliamentary Election Crisis: Exploring ‘The Lesser of Two Evils’

The Guan Parliamentary Election Crisis: Exploring ‘The Lesser of Two Evils’

Christopher Nyinevi- January 1, 2021

1.Introduction On the eve of the 7 December 2020 general elections, the Electoral Commission (‘EC’) issued a press statement in which it directed that registered ... Read More

20 Lessons From 5 Years of Legal Practice

20 Lessons From 5 Years of Legal Practice

Frederick Gurah Sampson- December 21, 2020

The lawyering journey starts on the day one is called to the Bar. The day of the Call is therefore an important day in the ... Read More

Why Gregory Afoko v Attorney-General Poses a Threat to the Progress Made in Ghana’s Criminal Justice System

Why Gregory Afoko v Attorney-General Poses a Threat to the Progress Made in Ghana’s Criminal Justice System

Ghana Law Hub- December 15, 2020

By: Seth F.T. Mireku Jnr, Ghana School of Law Introduction It is incontestable that Ghana’s criminal justice system is beleaguered with deficiencies that hinder the ... Read More

Matrimonial Jurisdiction of the District Court – Settling the Jurisdictional Controversy.

Matrimonial Jurisdiction of the District Court – Settling the Jurisdictional Controversy.

Frederick Gurah Sampson- November 23, 2020

Introduction Jurisdiction in law is fundamental. It is the power or authority upon which a person or a body acts. Without the requisite jurisdiction, a ... Read More

Performance Bonds – Safe Haven or  Myth of Security?

Performance Bonds – Safe Haven or Myth of Security?

Kwesi Papa Owusu-Ankomah- November 10, 2020

Introduction For many years performance bonds and bank guarantees (“Bonds”) have been an integral part of transactions in the world of commerce and the construction ... Read More

Stealing from Your Own Company: The Defence of Consent in Criminal Prosecution of Controllers of Collapsed Companies.

Stealing from Your Own Company: The Defence of Consent in Criminal Prosecution of Controllers of Collapsed Companies.

Joseph Kwadwo Konadu- November 4, 2020

1.Introduction It is trite that companies are separate from their shareholders, directors and key management personnel (“controllers”). A company’s property does not belong to its ... Read More

Disposing Biological Property Under the Wills Act of Ghana

Disposing Biological Property Under the Wills Act of Ghana

Ghana Law Hub- October 26, 2020

By: Albert Mireku Agyepong (Law and Development Associate, Taylor Crabbe Barristers and Solicitors) Introduction Benjamin Franklin once wrote “… in this world nothing can be said to ... Read More

Need for a month’s notice before issuing writ for legal fees: Protecting the Poor’s Purse or Tyranny of Tradition?

Need for a month’s notice before issuing writ for legal fees: Protecting the Poor’s Purse or Tyranny of Tradition?

Francisca Serwaa Boateng- October 23, 2020

Introduction The Legal Profession Act of 1960 is the main statutory regime regulating the legal profession in Ghana. The Act provides that a lawyer who ... Read More

Of Gaudy Earrings, Bare Arms and Revealed Cleavage: The Feminine Face of the Ills of the Bar?

Of Gaudy Earrings, Bare Arms and Revealed Cleavage: The Feminine Face of the Ills of the Bar?

Francisca Serwaa Boateng- October 19, 2020

Introduction Literature-in-English was my favourite subject in both my O’ and A’ Level classes at St. Monica’s Secondary School in Asante-Mampong. Apart from the richness ... Read More

The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to  Rest

The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to  Rest

Professor Stephen Kwaku Asare- October 12, 2020

All citizens of Ghana have the right and duty at all times to defend the Constitution. Accordingly, Article 2 (1) of the Constitution empowers anyone ... Read More

Board of Governors, Achimota School vrs Nii Ako Nortei II & 2 Ors: A Case Of Judicial Sympathy Elevated to Principle of Law?

Board of Governors, Achimota School vrs Nii Ako Nortei II & 2 Ors: A Case Of Judicial Sympathy Elevated to Principle of Law?

Ghana Law Hub- October 12, 2020

By: Isaac Kwadwo Ankah (Associate, A-Partners@Law)   “…The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however ... Read More

COVID-19 in Perspective: A Prophecy on  Looming Negligence Claims (3)

COVID-19 in Perspective: A Prophecy on Looming Negligence Claims (3)

Ghana Law Hub- September 22, 2020

By: Christine Selikem Lassey (University of Ghana School of Law) This last essay comes on the heels of two others, which sought to explore the ... Read More

Understanding the Ghanaian Law on Garnishees (2)

Understanding the Ghanaian Law on Garnishees (2)

Frederick Gurah Sampson- August 26, 2020

By: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited)  & Roselyne Kaledzi (A-Partners@Law) What happens when the Garnishee pays out the money to the ... Read More

Understanding the Ghanaian Law on Garnishees (1)

Understanding the Ghanaian Law on Garnishees (1)

Frederick Gurah Sampson- August 24, 2020

Authors: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited)  & Roselyne Kaledzi (A-Partners@Law) Introduction Parties go to court or resort to any other dispute resolution ... Read More

COVID-19 in Perspective: A Prophecy on the Looming Negligence Claims (2)

COVID-19 in Perspective: A Prophecy on the Looming Negligence Claims (2)

Ghana Law Hub- August 20, 2020

By: Christine Selikem Lassey (University of Ghana School of Law) “The rule that you are to love your neighbour becomes in law; you must not injure ... Read More

COVID-19 in Perspective: A Prophecy On Looming Negligence Claims (1)

COVID-19 in Perspective: A Prophecy On Looming Negligence Claims (1)

Ghana Law Hub- August 18, 2020

By: Christine Selikem Lassey (University of Ghana School of Law) The Coronavirus pandemic has impacted the law and society in many ways. New legal pillars ... Read More

Tax Appeals in Ghana: Monetizing the Right to Justice?

Tax Appeals in Ghana: Monetizing the Right to Justice?

Bobby Banson- August 16, 2020

1.Introduction "If we never do anything which has been done before, we shall never act anywhere. The law will stand still whilst the rest of ... Read More

Can a Concubinage Relationship be Equated to a Valid Customary Marriage? The Decision in Mintah v Ampeyin in Retrospect.

Can a Concubinage Relationship be Equated to a Valid Customary Marriage? The Decision in Mintah v Ampeyin in Retrospect.

Derick Adu-Gyamfi- July 27, 2020

Introduction Customary law has been defined under Article 11(3) of the Constitution 1992 as: “Rules of law which by custom are applicable to particular communities ... Read More

The Utility of Marriage of Mohammedans Ordinance Under the Current Ghanaian Legal Dispensation

The Utility of Marriage of Mohammedans Ordinance Under the Current Ghanaian Legal Dispensation

Ghana Law Hub- July 26, 2020

Where the marriage is not registered within the prescribed one week period, or where the attendance of any of the persons whose signature is necessary ... Read More

Powers of Attorney- What Does Ghana Law Say? (2)

Powers of Attorney- What Does Ghana Law Say? (2)

Ghana Law Hub- July 23, 2020

Barbara Ewoenam Afua Kukah Esq (Robert Smith and Adelaide Law) 7. Types of Powers of Attorney Act 549 allows for two types of PoA – ... Read More

Powers of Attorney- What Does Ghana Law Say? (1)

Powers of Attorney- What Does Ghana Law Say? (1)

Ghana Law Hub- July 21, 2020

Barbara Ewoenam Afua Kukah Esq (Robert Smith and Adelaide Law) 1.Introduction If you've ever had to sign legal or financial documents on behalf of a ... Read More

A Ban on John Doe in Ghana: A Blessing or A Curse?

A Ban on John Doe in Ghana: A Blessing or A Curse?

Justice Alexander Osei Tutu- July 17, 2020

Introduction One person who has probably litigated more than any other person under the sun is ‘John Doe’. He is indubitably known to the laws ... Read More

The Office Of The Auditor General And Leave Regime In Ghana: A Critique Of The President’s Directive Compelling Auditor-General To Proceed On Leave (2)

The Office Of The Auditor General And Leave Regime In Ghana: A Critique Of The President’s Directive Compelling Auditor-General To Proceed On Leave (2)

Ghana Law Hub- July 16, 2020

By: Waana-ang Martin, LLB Candidate,Kwame Nkrumah University of Science and Technology The Constitutional Independence of The Office of the Auditor-General and the President’s Disciplinary Control Over The ... Read More

The Office Of The Auditor General And Leave Regime In Ghana: A Critique Of The President’s Directive Compelling Auditor-General To Proceed On Leave (1)

The Office Of The Auditor General And Leave Regime In Ghana: A Critique Of The President’s Directive Compelling Auditor-General To Proceed On Leave (1)

Ghana Law Hub- July 15, 2020

By: Waana-ang Martin, LLB Candidate, Kwame Nkrumah University of Science and Technology 1.Introduction The recent attempt by the President of the Republic of Ghana to compel the Auditor-General to proceed ... Read More

To Cash-Out On Leave Days or Not: A Review of Samuel M. K. Adrah vs. Electricity Company of Ghana

To Cash-Out On Leave Days or Not: A Review of Samuel M. K. Adrah vs. Electricity Company of Ghana

Samuel Nartey- July 13, 2020

Introduction  In Samuel M. K. Adrah vs. Electricity Company of Ghana, Ghana’s Court of Appeal laid down the position of the law regarding commuting accrued ... Read More

Accumulated Leave in Ghana – Does the Law Frown on It?

Accumulated Leave in Ghana – Does the Law Frown on It?

Ghana Law Hub- July 11, 2020

By Ernest Osei-Afful, Esq. Leave or holidays are part of the compensation package or benefits to which all workers are entitled. Section 20 of the ... Read More

Non-Wearing of Face Masks in Ghana: Is it a Criminal Offence or Administrative Directive?

Non-Wearing of Face Masks in Ghana: Is it a Criminal Offence or Administrative Directive?

Ghana Law Hub- July 10, 2020

By: John Kwesi Hagan Jnr On Wednesday, March 11, 2020, the Director-General of the World Health Organisation declared the Coronavirus disease (COVID-19) a pandemic. The ... Read More

Leveraging Covid-19 To Deliver Technology-Based Learning Into The Future

Leveraging Covid-19 To Deliver Technology-Based Learning Into The Future

African Centre on Law and Ethics -GIMPA- July 8, 2020

On Wednesday, 3rd June 2020, Kojo Bentsi-Enchill Esq., Founder and Retired Senior Partner of Bentsi- Enchill, Letsa & Ankomah, delivered via Zoom, the fifth edition of ... Read More

Order 81 of the High Court (Civil Procedure) Rules, 2004 (CI 47); A Fetish in Civil Procedure Practice

Order 81 of the High Court (Civil Procedure) Rules, 2004 (CI 47); A Fetish in Civil Procedure Practice

Derick Adu-Gyamfi- July 2, 2020

Introduction Rules of court comes within the ambit of subsidiary legislation. Because it is a subsidiary legislation, our courts over the past two decades have ... Read More

Security Without Security – Lessons For Banks, And Similar Institutions (2)

Security Without Security – Lessons For Banks, And Similar Institutions (2)

Frederick Gurah Sampson- July 1, 2020

Under the Lands Registry In addition to registration under the Companies Act and Borrowers and Lenders Act, any security created over landed or immovable property ... Read More

Security Without Security – Lessons For Banks, And Similar Institutions (1)

Security Without Security – Lessons For Banks, And Similar Institutions (1)

Frederick Gurah Sampson- June 30, 2020

Banks and Specialized Deposit Taking institutions (SDTIs) exist to provide financial solutions to their Customers. In doing so, they largely take deposits and grant credit ... Read More

Equitable Remedy of Norwich Pharmacal Order: Unmasking the Masked

Equitable Remedy of Norwich Pharmacal Order: Unmasking the Masked

Justice Alexander Osei Tutu- June 26, 2020

Towards the last quarter of the 19th Century, a very important ‘marriage’ was celebrated in England that brought together two hitherto hostile, but independent personalities. This ... Read More

Presumption of Advancement: A Legal Anachronism (Husband And Wife)

Presumption of Advancement: A Legal Anachronism (Husband And Wife)

Derick Adu-Gyamfi- June 18, 2020

Introduction  Presumption of advancement is a legal presumption that arises in various forms. It simply means a transfer of property or money from husband and ... Read More

Evolving African Philosophy of Law Overshadowed by Western Principles

Evolving African Philosophy of Law Overshadowed by Western Principles

Michael Sumaila Nlasia- June 15, 2020

Introduction Although African philosophy of Law has its roots in African customary law, it can be seen as an evolving jurisprudential tradition overshadowed by western ... Read More

21st Century Restatement Of The Principle In Kponuglo V. Kodadja

21st Century Restatement Of The Principle In Kponuglo V. Kodadja

Justice Alexander Osei Tutu- June 12, 2020

Introduction On 24th November 1933, the Privy Council delivered a decision that has had far reaching consequences on not only our jurisprudence but British West Africa ... Read More

International Trade And Investment Relations After The Pandemic: Africa Rising?

International Trade And Investment Relations After The Pandemic: Africa Rising?

African Centre on Law and Ethics -GIMPA- June 10, 2020

On Wednesday, 27th May 2020, Dr. Alex Ansong, Senior Lecturer and Head of Public Law Department at the GIMPA Faculty of Law, delivered via Zoom, ... Read More

The Grant of Bail: The Novel Decision in Martin Kpebu (No.2) v Attorney-General (No.2)  in the Ghanaian Criminal Law Jurisprudence

The Grant of Bail: The Novel Decision in Martin Kpebu (No.2) v Attorney-General (No.2) in the Ghanaian Criminal Law Jurisprudence

Derick Adu-Gyamfi- June 7, 2020

INTRODUCTION The recent decision of the Supreme Court in Martin Kpebu v Attorney-General has finally settled the law on the grant of bail and other related offences ... Read More

Constitutionally Illegal Contracts: The Missing Limb of Illegal Contracts In Ghana (Part 2)

Constitutionally Illegal Contracts: The Missing Limb of Illegal Contracts In Ghana (Part 2)

Jonathan Asare- June 4, 2020

Introduction The article continues in Part II where it continues with the forum for unconstitutional contracts by providing further explanations by way of an example. ... Read More

Constitutionally Illegal Contracts: The Missing Limb Of Illegal Contracts In Ghana (Part 1)

Constitutionally Illegal Contracts: The Missing Limb Of Illegal Contracts In Ghana (Part 1)

Jonathan Asare- June 2, 2020

Illegality of contracts is a concept under contract law. It generally refers to the making or performance of a contract contrary to law. Thus, a ... Read More

Covid-19 And New Crime Trends

Covid-19 And New Crime Trends

African Centre on Law and Ethics -GIMPA- June 2, 2020

On Wednesday 20th May 2020, Dr. Isidore Kwadwo Tufuor, Lecturer and Head of the Private Law Department at the GIMPA Faculty of Law, delivered via ... Read More

The Meaning Of ‘Judiciary’ in Articles 126(1), 127(4) And (5) Of the Constitution 1992: A Critique of Judicial Service Association Of Ghana v. Attorney-General & Ors

The Meaning Of ‘Judiciary’ in Articles 126(1), 127(4) And (5) Of the Constitution 1992: A Critique of Judicial Service Association Of Ghana v. Attorney-General & Ors

Derick Adu-Gyamfi- June 1, 2020

Introduction The venerable Lord Denning in his seminal book, the Closing Chapter, Butterworth’s, 1983 at page 93 on the legislative approach or purposive approach in the ... Read More

Is Akrong vrs. Bulley Still Good Law?

Is Akrong vrs. Bulley Still Good Law?

Justice Alexander Osei Tutu- May 29, 2020

Introduction It is common knowledge that capacity is a fundamental legal principle in the commencement of any legal suit, the lack of which strips a ... Read More

Serving the Court’s Process on the Court: A Discussion on the Service of Court Processes

Serving the Court’s Process on the Court: A Discussion on the Service of Court Processes

Justice Srem-Sai- May 28, 2020

A legal claim, even an incontestable one, will not be noticed by the courts unless or until it is properly brought to the notice of ... Read More

Every Contract is an Agreement, But it is Not Every Agreement That Qualifies to Be Called A Contract

Every Contract is an Agreement, But it is Not Every Agreement That Qualifies to Be Called A Contract

Anthony Goodnuff Appiah Larbi- May 27, 2020

Introduction During my first day in the Law of Contract Class, the caption of this article was given to us as our first assignment. As ... Read More

Establishment of Emergency Communications Instrument, 2020  (E.I. 63); A Dangerous Illegality

Establishment of Emergency Communications Instrument, 2020 (E.I. 63); A Dangerous Illegality

Jonathan Asare- May 26, 2020

In the wake of the COVID-19 pandemic, states have had to resort to all manner of measures in fighting the virus. Ghana does not stand ... Read More

The Spirit of Ransford France Lingers On – Ayine v. Attorney-General in Retrospect

The Spirit of Ransford France Lingers On – Ayine v. Attorney-General in Retrospect

Kwasi Danso Amoah- May 25, 2020

I.Introduction On 13th May 2020, in the case of Ayine v. Attorney-General, Ghana’s Supreme Court, by a 5-2 majority decision upheld the constitutionality of the appointment of ... Read More

Navigating the Maze of Striking Out Pleadings – A Hands-On Approach to Invoking the High Court’s Jurisdiction (2)

Navigating the Maze of Striking Out Pleadings – A Hands-On Approach to Invoking the High Court’s Jurisdiction (2)

Kwabena Frimpong Mensah- May 23, 2020

Must a Defendant Enter Appearance before Bringing an Application Under Order 11 Rule 18? Once a writ of summons with its accompanying statement of claim ... Read More

Navigating the Maze of Striking Out Pleadings – A Hands-On Approach to Invoking the High Court’s Jurisdiction (1)

Navigating the Maze of Striking Out Pleadings – A Hands-On Approach to Invoking the High Court’s Jurisdiction (1)

Kwabena Frimpong Mensah- May 22, 2020

Introduction Disputes and in effect litigation, are aspects of life that have been in existence since the days of old. The earliest form of a ... Read More

Regional Governance In The Wake Of Covid-19 And Prospects For The Future

Regional Governance In The Wake Of Covid-19 And Prospects For The Future

African Centre on Law and Ethics -GIMPA- May 21, 2020

On Wednesday 13th May 2020, Mr. Edmund A. Foley, the Director of Programs at the Institute of Human Rights and Development in Africa (IHRDA) located ... Read More

Covid-19, Legal Practice and its Implications for Judicial Decision Making

Covid-19, Legal Practice and its Implications for Judicial Decision Making

African Centre on Law and Ethics -GIMPA- May 19, 2020

On Wednesday 6th May 2020, His Lordship Justice Dennis D. Adjei, Justice of the Court of Appeal of Ghana and Honorific Dean of the GIMPA Faculty ... Read More

Dismantling the Retirement Age Architecture

Dismantling the Retirement Age Architecture

Professor Stephen Kwaku Asare- May 18, 2020

The Supreme Court recently decided by a 5-2 majority that the 66-year-old Martin Amidu was eligible to be nominated, vetted and appointed to the office ... Read More

A Secretary’s Guidelines for Board Meetings

A Secretary’s Guidelines for Board Meetings

Onesimos Barimah Osei- May 14, 2020

After the successful incorporation of a company, the law requires certain meetings to be held by the company as a going concern. Among such meetings ... Read More

A Practical Approach to Acquiring Shares in a Company

A Practical Approach to Acquiring Shares in a Company

Onesimos Barimah Osei- May 12, 2020

Every Company at a point will require growth. Depending on the size of the company, investments may be required in a form of either equity ... Read More

Re: Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?

Re: Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?

Cletus Alengah- May 11, 2020

Anyone who has followed Justice Osei-Tutu’s Friday “Friday Legal Corner” will agree that the Learned Judge is making great contribution to legal education and legal ... Read More

Hayford Ofosu Amaning v. The Republic:  A Case of Judicial Heterodoxy?

Hayford Ofosu Amaning v. The Republic: A Case of Judicial Heterodoxy?

Justice Alexander Osei Tutu- May 8, 2020

The Facts of the Case In the case of Hayford Ofosu Amaning v. The Republic, the High Court had tried summarily an accused person who was ... Read More

In Pursuit of Justice: What if the Son of Man Has Nowhere to Lay His Head?

In Pursuit of Justice: What if the Son of Man Has Nowhere to Lay His Head?

Bobby Banson- May 4, 2020

1.Introduction It is the dream of every Government for every citizen of that country to have a home or a job. Having a home or ... Read More

Theophilus Donkor v Attorney-General: The Road Not Taken

Theophilus Donkor v Attorney-General: The Road Not Taken

Jon K Amable- May 4, 2020

Introduction As transaction lawyers representing clients with businesses in regulated spaces, we often find ourselves engaging regulators to seek their consent, approval or some other ... Read More

The Abandoned Jurisdiction of The Supreme Court

The Abandoned Jurisdiction of The Supreme Court

Justice Alexander Osei Tutu- May 1, 2020

1.Introduction Perhaps, it may surprise you to know that a conviction by a lower court, not appealed against by the convicted person or his lawyer ... Read More

The Lawyer’s Duty of Confidentiality amidst the Covid-19 Pandemic

The Lawyer’s Duty of Confidentiality amidst the Covid-19 Pandemic

Helen Amponsah Asare- April 26, 2020

In a world that seems to be falling apart, it is fair to say that technology is what has held it together up to this ... Read More

Tracing and Recovery of Assets in Ghana: Has Ghana’s Supreme Court Laid Down A New Standard?

Tracing and Recovery of Assets in Ghana: Has Ghana’s Supreme Court Laid Down A New Standard?

Bobby Banson- April 25, 2020

The Plaintiff, a bank incorporated in Nigeria, desirous of expanding its business operations in Chad opened an account with Banque Commercial Du Chad (BCC) which ... Read More

The complexity of Succession in Some Ghanaian Communities & Historical Accounts

The complexity of Succession in Some Ghanaian Communities & Historical Accounts

Justice Alexander Osei Tutu- April 24, 2020

Introduction Succession is an integral part of customary law and since customary law is part of the laws of Ghana and for that matter the Ghana ... Read More

Denial of A Citizen’s Right of Entry: When and How Can It Be Done?

Denial of A Citizen’s Right of Entry: When and How Can It Be Done?

Selikem Donkor- April 23, 2020

If you closely follow activities on twitter, then you might have seen the recent plea by the BET award-winning rapper, Sarkodie, directed at the twitter ... Read More

Implications of COVID-19 on Contracts: Doctrine of Frustration and Force Majeure

Implications of COVID-19 on Contracts: Doctrine of Frustration and Force Majeure

Yaw Marfo Amankwah- April 20, 2020

The world is literally at a standstill because of the novel coronavirus also known as COVID-19. On 30 March 2020, the President of the Republic ... Read More

Ghana: COVID-19, Election 2020 and Constitutional Matters Arising

Ghana: COVID-19, Election 2020 and Constitutional Matters Arising

Christopher Nyinevi- April 18, 2020

1.Introduction Due to the COVID-19 pandemic, the President has imposed restrictions on the movement of persons and public gatherings pursuant to the Imposition of Restrictions ... Read More

The Chancellor & Equity – Epitome of Christ & the Grace

The Chancellor & Equity – Epitome of Christ & the Grace

Justice Alexander Osei Tutu- April 17, 2020

There is no profession that I know which perfectly illustrates Christ’s redemptive work better than the Legal Profession. In this article, we will look at ... Read More

Legal Implications of COVID-19 on  Nana Akuffo-Addo’s Tenure

Legal Implications of COVID-19 on Nana Akuffo-Addo’s Tenure

Selikem Donkor- April 14, 2020

It has become a common concern among students, lawyers, politicians and the wider population about the threat Covid-19 poses to current government of the day ... Read More

Fair Trial in Civil Cases: A Right or A Privilege?

Fair Trial in Civil Cases: A Right or A Privilege?

Justice Alexander Osei Tutu- April 10, 2020

Introduction The concept of ‘fair trial’ was traditionally associated with criminal proceedings. This article seeks to examine the origin of the concept and how it ... Read More

The Role of Celebrities and Well Known Personalities in the Fight Against COVID-19

The Role of Celebrities and Well Known Personalities in the Fight Against COVID-19

Samuel Nartey- April 8, 2020

In absence of a tried and tested drug or vaccine for COVID-19, the Food and Drug Authority (FDA) must urgently enforce its guidelines for ‘advertisement ... Read More

Let’s Talk Mediation: The Singapore Convention and its Prospective Effect on International Mediation in Ghana

Let’s Talk Mediation: The Singapore Convention and its Prospective Effect on International Mediation in Ghana

Helen Amponsah Asare- April 6, 2020

If the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) enabled the enforcement of foreign arbitral awards within the jurisdiction ... Read More

The Uniqueness Of Jurat Required For Illiterate Testators

The Uniqueness Of Jurat Required For Illiterate Testators

Justice Alexander Osei Tutu- April 3, 2020

I just couldn’t ‘think far’, as “Lil win”, the Kumawood movie actor might have put it. Which world are we in? Is that society’s sense ... Read More

Executive Powers and Domestic Responses to the Coronavirus Pandemic: Is the Imposition of Restrictions Bill Necessary?

Executive Powers and Domestic Responses to the Coronavirus Pandemic: Is the Imposition of Restrictions Bill Necessary?

H. Kwasi Prempeh- March 23, 2020

We live in unusual times. The Coronavirus pandemic has altered our lived reality globally, and for the worse, necessitating significant behaviour change on the part ... Read More

Constitutional interpretation – An uneasy task: Article 88 in perspective

Constitutional interpretation – An uneasy task: Article 88 in perspective

Justice Alexander Osei Tutu- March 20, 2020

Introduction: One provision in the Constitution 1992 that has set judicial brains wrangling in the area of constitutional interpretation is article 88, particularly clauses 1 ... Read More

High Court Pronounces on Lawyer’s Duty to Avoid Conflict of Interest.

High Court Pronounces on Lawyer’s Duty to Avoid Conflict of Interest.

Samuel Alesu-Dordzi- March 16, 2020

“Having sued the 2nd Respondent in the substantive application, is Mr. Zwennes saying that he must, as a solicitor for the 2nd Respondent, be also permitted to ... Read More

A Secular State and the National Cathedral

A Secular State and the National Cathedral

Michael Sumaila Nlasia- March 9, 2020

Religion is a pre-occupation of the day-to-day lives of Ghanaians - and this gives the clerics dominion of the society. Like elsewhere in Greece and ... Read More

The Money Laundering Conundrum: Know Ghana’s Legal Nuances and Perspective

The Money Laundering Conundrum: Know Ghana’s Legal Nuances and Perspective

Limann A. Mohammed- March 2, 2020

Introduction Money laundering known in latin “pecuniam lavare” simplistically is the process of disguising, masking, masquerading and concealing the source and/or true nature of money obtained through ... Read More

Legal Issues Involved in FDA Ban On Celebrities Featuring in Alcohol Adverts

Legal Issues Involved in FDA Ban On Celebrities Featuring in Alcohol Adverts

Reindorf Twumasi-Ankrah- February 24, 2020

For sometime now, a running battle has been on going between the Food and Drugs Authority (FDA) on the one hand, and some personalities in ... Read More

Raising Points of Law for the First Time on Appeal

Raising Points of Law for the First Time on Appeal

Samuel Alesu-Dordzi- February 17, 2020

The Supreme Court in Victoria Annang v Emoho & 4 Ors has held that subject to a few exceptions, a party cannot raise a point of law ... Read More

Constructive Dismissal: What It Actually Means Under The Ghanaian Law

Constructive Dismissal: What It Actually Means Under The Ghanaian Law

Yaw Marfo Amankwah- February 3, 2020

Introduction: Employment is regarded as the most fundamental aspect of a person’s life because the provision of one’s basic needs depends on it. Generally, a ... Read More

The Call for the Exhaustion of Local Remedies for the Resolution of Disputes Arising from the Extraction and Utilization of  Ghana’s Natural Resources.

The Call for the Exhaustion of Local Remedies for the Resolution of Disputes Arising from the Extraction and Utilization of Ghana’s Natural Resources.

Seth Ansong- January 27, 2020

Introduction When negotiating international contracts involving the extraction of natural resources, the parties (the Investor and the State) carefully consider their choice of governing law ... Read More

Key Tax Developments in 2019

Key Tax Developments in 2019

Ismail Ibn Ibrahim- January 21, 2020

Following the major overhaul of Ghana’s tax regime in 2015 (i.e. the repeal of the Internal Revenue Act 2000 (Act 592) and the introduction of ... Read More

2019 In Employment Law

2019 In Employment Law

Samuel Alesu-Dordzi- January 16, 2020

This piece looks back at some of the key employment law decisions given by Ghana’s Supreme Court in 2019.  When does redundancy/severance pay arise? The ... Read More

Applicable Laws in Respect of Aviation Accidents Caused by International Airlines Resulting in Personal Injury or Death

Applicable Laws in Respect of Aviation Accidents Caused by International Airlines Resulting in Personal Injury or Death

Limann A. Mohammed- January 13, 2020

Introduction  Aviation  plays a vital role in facilitating economic growth, global connectivity, business and tourism  in developing countries like Ghana. The burgeoning demand for air transport ... Read More

Farewell to Chief Justice Sophia AKuffo

Farewell to Chief Justice Sophia AKuffo

Samuel Alesu-Dordzi- December 19, 2019

20 December 2019. This is the day Ghana’s 13th Chief Justice bows out after 24 years at the Supreme Court. And she chose a fine time ... Read More

Goodbye to Her Ladyship Chief Justice Sophia Abena Boafoa Akuffo

Goodbye to Her Ladyship Chief Justice Sophia Abena Boafoa Akuffo

Kwasi Danso Amoah- December 16, 2019

Introduction Friday, 20th December 2019 marks the end of Her Ladyship the Chief Justice, Sophia Akuffo’s tenure as Ghana’s 13thChief Justice since independence and the 6th Chief ... Read More

The African Continental Free Trade Agreement-What It Means.

The African Continental Free Trade Agreement-What It Means.

Kweku Attakora Dwomoh- December 9, 2019

Over the past months, the song of the African continental free trade agreement (AfCFTA) has been sung incessantly by economists, ministers and government officials. In ... Read More

Injunctions Pending Appeal: When and How To Invoke The Jurisdiction Of Appellate Courts

Injunctions Pending Appeal: When and How To Invoke The Jurisdiction Of Appellate Courts

Bobby Banson- December 2, 2019

1. Introduction Injunction applications are very common before trial courts. In litigation over land, the Plaintiff often files an injunction application almost at the same ... Read More

GLH World Case Basket

GLH World Case Basket

Samuel Alesu-Dordzi- November 25, 2019

The Ghana Law Hub believes that its readers can benefit immensely from knowing about case law from other countries. This is why it has decided ... Read More

Court Awards Punitive Costs Against Lawyer for Frivolous and Time-barred Suit

Court Awards Punitive Costs Against Lawyer for Frivolous and Time-barred Suit

Samuel Alesu-Dordzi- November 21, 2019

A High Court in Nigeria, Abuja Division, has in the case of Dakolo v Fatoyinbo awarded costs of N1,000,000 against a lawyer for bringing an action ... Read More

After Elections: Who Stays And Who leaves?

After Elections: Who Stays And Who leaves?

Prudence Batinge- November 11, 2019

The Supreme Court has in the case of Theophilus Donkor v. The Attorney General shorn the light on the controversial question of the category of officeholders ... Read More

Reports of Commissions of Inquiry And The White Paper

Reports of Commissions of Inquiry And The White Paper

Prudence Batinge- November 4, 2019

Commission of inquiry is a constitutional mechanism employed by the government to investigate any matter that is in the interest of the public. The appointments, ... Read More

The Great Balkan Arbitration: It’s a wrap (2)

The Great Balkan Arbitration: It’s a wrap (2)

Samuel Alesu-Dordzi- October 31, 2019

The first part of this piece dealt with how the Government of Ghana (“GoG”), Balkan Energy LLC (“BEC”) and Balkan Energy Ghana (“BEG”) came together. ... Read More

The Great Balkan Arbitration: It’s a Wrap (1)

The Great Balkan Arbitration: It’s a Wrap (1)

Samuel Alesu-Dordzi- October 28, 2019

Introduction In 2007, Ghana was faced with an energy crisis. The Akosombo Dam, the country’s main source of hydro-energy was in distress. The water levels ... Read More

This Advertisement has been Vetted and Approved by the FDA (2)

This Advertisement has been Vetted and Approved by the FDA (2)

Sedinam Botwe- October 24, 2019

The FDA, in its vetting process for advertisements for pre-packaged foods, pays particular attention to whether the advertisement derides (directly or indirectly)other products which it is ... Read More

“This Advertisement has been Vetted and Approved by the FDA.” (1)

“This Advertisement has been Vetted and Approved by the FDA.” (1)

Sedinam Botwe- October 21, 2019

These days, it seems as if every advertisement aired on television or radio has a voice at the end saying, “This advertisement has been vetted ... Read More

Of Opening Up Legal Education In Ghana

Of Opening Up Legal Education In Ghana

Jude Serbeh-Boateng- October 17, 2019

“If people want to do their own law practice, they can go on the internet. Members of the public can go on the internet and ... Read More

Overtime work, Its  Remuneration, and Its Tax Implication

Overtime work, Its Remuneration, and Its Tax Implication

Maame Birago Yeboah- October 14, 2019

1. Introduction  Overtime is defined as “time worked in addition to one’s normal working hours.” The International Labour Organisation (the “ILO”), whose mandate is to promote ... Read More

Remembering Mr.​ Justice Anthony Yeboah

Remembering Mr.​ Justice Anthony Yeboah

Samuel Alesu-Dordzi- October 7, 2019

On 4th October 2019, the day on which new lawyers were called to the Ghanaian Bar, the Bar and Bench lost one its brightest light ... Read More

7 Point Advice to Newly Called Lawyers

7 Point Advice to Newly Called Lawyers

Bobby Banson- October 4, 2019

I must begin by congratulating my soon to be colleagues who will be called to the Bar. As a fellow junior member at the bar, ... Read More

Rethinking Ghana’s Folklore Board’s Bid to Sue Black Panther Producers for Using Kente Without Authorisation.

Rethinking Ghana’s Folklore Board’s Bid to Sue Black Panther Producers for Using Kente Without Authorisation.

Doreen Adoma Agyei- September 30, 2019

Folklore according to the Copyright Act, 2005 (Act 690), means, “the literary, artistic and scientific expressions belonging to the cultural heritage of Ghana which are ... Read More

Legal Profession 1 – 1 Revenue Authority

Legal Profession 1 – 1 Revenue Authority

Samuel Alesu-Dordzi- September 26, 2019

Lawyers and taxmen make strange bedfellows. And in more than one instance, attempts to infuse the enforcement of tax obligations with justice delivery have been ... Read More

Brief Overview of Ghana’s Advertising Council Bill

Brief Overview of Ghana’s Advertising Council Bill

Sedinam Botwe- September 23, 2019

I have been fascinated with television advertisements for as long as I can remember. As a child, it was my dream to be in one ... Read More

An Analysis of Personal Tax Reliefs For Resident Individuals Under Ghanaian Law

An Analysis of Personal Tax Reliefs For Resident Individuals Under Ghanaian Law

Mawukoenya Nutekpor- September 19, 2019

1. Introduction: In Ghana, the Income Tax Act, 2015, (Act 896), as amended, impose taxes on every person who earns income during the year of ... Read More

Reflections on the Commissioner-General’s Power to Recover Taxes from Third-Party Debtors

Reflections on the Commissioner-General’s Power to Recover Taxes from Third-Party Debtors

Mawukoenya Nutekpor- September 16, 2019

Introduction: In recent times, some banks and financial institutions have been freezing their customers account based on notices from the Ghana Revenue Authority (GRA) represented ... Read More

Does South Africa Bear any International Responsibility for the Xenophobic Attacks by its Citizens on other African Nationals?

Does South Africa Bear any International Responsibility for the Xenophobic Attacks by its Citizens on other African Nationals?

Christopher Nyinevi- September 9, 2019

The Law of State Responsibility is the branch of Public International Law that regulates the determination of the legal liability of a state for internationally ... Read More

Brief Note on Customary Divorce

Brief Note on Customary Divorce

Selasi Kuwornu- August 6, 2019

Discussions on the types of marriages celebrated in Ghana have in recent times given the impression that persons married under the ordinance have more advantages than their counterparts married under customary law.  Although this assertion may be true in some very limited instances1, spousal rights under the 1992 Constitution2 and some ... Read More

Enforcement Procedure of a Registered Charge  Under Ghanaian Law

Enforcement Procedure of a Registered Charge Under Ghanaian Law

Dennis Adjei Dwomoh- July 30, 2019

1. Introduction On 23rd December 2008, the Borrowers and Lenders Act, 2008 (Act 773) was enacted to, amongst others, improve on the existing standards of ... Read More

Can a person benefit twice under the Intestate Succession Act?

Can a person benefit twice under the Intestate Succession Act?

Samuel Alesu-Dordzi- July 25, 2019

The Supreme Court has, in Togbe Akpoma I (Suing as Head of Family of Rudolph Kofi Mensah (Deceased)) & Anor v Gladys Mawuli Mensah (Administratrix of ... Read More

What is AfCFTA?  And what does Ghana’s hosting of the AfCFTA Secretariat mean for the Country, Legally Speaking?

What is AfCFTA? And what does Ghana’s hosting of the AfCFTA Secretariat mean for the Country, Legally Speaking?

Christopher Nyinevi- July 22, 2019

I. Introduction At its 12thExtraordinary Summit held from 6 to 7 July 2019 in the Nigerien capital Niamey, the African Union chose Ghana to host ... Read More

Foetus’ Right to Protection: Comparing Abortion to Homicide

Foetus’ Right to Protection: Comparing Abortion to Homicide

Michael Sumaila Nlasia- July 18, 2019

Article 297(e) of the 1992 Constitution provides that persons include female persons and corporations. In the case of New Patriotic Party v Attorney General, the Supreme ... Read More

Recent Supreme Court Directions on Drafting of Grounds of Appeal

Recent Supreme Court Directions on Drafting of Grounds of Appeal

Samuel Alesu-Dordzi- July 1, 2019

The Supreme Court in the recent case of Atuguba & Associates v Scipion Capital (UK) & Anor has given some directions on the drafting of ... Read More

Mental Health and Criminal Law in Ghana

Mental Health and Criminal Law in Ghana

Selasi Kuwornu- June 27, 2019

Mental health issues have dominated global health conversations over the years, mainly due to the increasing rates of suicide, depression and substance abuse, especially among ... Read More

Is Africa Ready for the Continental Free Trade Area with the Growing Spate of Xenophobia?

Is Africa Ready for the Continental Free Trade Area with the Growing Spate of Xenophobia?

Michael Sumaila Nlasia- June 24, 2019

“The Only Thing We Learn From History Is That We Learn Nothing From History.” Georg Wilhelm Friedrich Hegel  About fifty years ago, under the visionary ... Read More

Local Content and Local Participation in Ghana’s Power Sector

Local Content and Local Participation in Ghana’s Power Sector

Cletus Danliar Banseh- June 17, 2019

Over the past few years, Ghana has been rolling out local content and local participation regulations in various sectors of the economy. In 2013, comprehensive ... Read More

The Tax Implications of Failing to Register a Technology Transfer Agreement

The Tax Implications of Failing to Register a Technology Transfer Agreement

Cletus Danliar Banseh- June 10, 2019

The Ghana Investment Promotion Centre Act, 2013 (Act 865) (“GIPC Act”) and the Technology Transfer Regulations, 1992 (L.I. 1547) (“TTA Regulations”) constitute the main legal ... Read More

Ending Employment Relationships Under Ghanaian Law: Basic Terms (2)

Ending Employment Relationships Under Ghanaian Law: Basic Terms (2)

Samuel Alesu-Dordzi- June 6, 2019

The first part of this piece discussed in general terms the differences between termination and dismissals under the Ghanaian law. The piece went on to ... Read More

The Implications of Lost or Missing Record of Proceedings

The Implications of Lost or Missing Record of Proceedings

Selasi Kuwornu- May 27, 2019

In the Supreme Court case of Jones Bonuah @ Eric Annor Blay v The Republic, the appellant appealed against (a) his conviction for robbery and ... Read More

Ending Employment Relationships Under Ghanaian Law: Basic Terms (1)

Ending Employment Relationships Under Ghanaian Law: Basic Terms (1)

Samuel Alesu-Dordzi- May 20, 2019

In virtually every employment case law, you are likely to find the following words and phrases in use: dismissal, summary dismissal, wrongful dismissal, wrongful termination, ... Read More

Trademarking Lessons From Patapaa’s “Skopatumana”

Trademarking Lessons From Patapaa’s “Skopatumana”

Samuel Alesu-Dordzi- May 13, 2019

Ghanaian music sensation, Patapaa’s latest collaboration with Kawola has got many people talking. And just like the “One Corner” hit song, the “Skopatumana” song is ... Read More

Refresher On Unfair Termination and Unlawful/Wrongful Termination

Refresher On Unfair Termination and Unlawful/Wrongful Termination

Samuel Alesu-Dordzi- May 6, 2019

The recent Supreme Court decision of Charles Afran & Ors v SG-SSB Limited has thrown into sharp focus the need to bear in mind the ... Read More

Inadequacies of the Definitions of Sexual Offences in the Criminal Offences Act

Inadequacies of the Definitions of Sexual Offences in the Criminal Offences Act

Michael Sumaila Nlasia- April 29, 2019

Introduction While the Criminal Offences Act, 1960 (Act 29) outlines a number of criminal offences and prescribes punishments for offenders, a number of the crimes ... Read More

Right to Privacy in Criminal Matters

Right to Privacy in Criminal Matters

Michael Sumaila Nlasia- April 18, 2019

The right to privacy is a fundamental human right. Article 18, clause 2 of the 1992 Constitution provides that: "No person shall be subjected to ... Read More

Powers of The Court Over Unmoved Applications

Powers of The Court Over Unmoved Applications

Selasi Kuwornu- April 15, 2019

The supreme court has stressed that nothing prevents a court from electing to hear and decide on its merit a motion that has not been ... Read More

Artificial Intelligence and The Ghanaian Legal Industry: An Angel or Demon?

Artificial Intelligence and The Ghanaian Legal Industry: An Angel or Demon?

Yaw Marfo Amankwah- April 8, 2019

The world we live in has undergone several industrial revolutions.  The First Industrial Revolution used water and steam power to mechanize production. The Second used electric ... Read More

Ghana’s 2000 Banks Collapse (Part 2)

Ghana’s 2000 Banks Collapse (Part 2)

Samuel Alesu-Dordzi- April 4, 2019

Under Act 180, the liquidator’s role was simply to identify the assets of the banks, sell them and use the proceeds to settle the debts ... Read More

Ghana’s 2000 Banks Collapse (Part 1)

Ghana’s 2000 Banks Collapse (Part 1)

Samuel Alesu-Dordzi- April 1, 2019

Ghana’s Banking sector has experienced a number of significant changes in the past year. Of all these changes, the Bank of Ghana’s revocation of the ... Read More

Generic Names Not Brand Names

Generic Names Not Brand Names

Selali Woanya- March 18, 2019

Manufacturers of products usually have one aim: to become the leaders in the market in which they operate. Apart from striving to make the best ... Read More

Supreme Court Rejects  Sharia Law Discriminating against Women on Property Distribution.

Supreme Court Rejects Sharia Law Discriminating against Women on Property Distribution.

Dennis Adjei Dwomoh- March 14, 2019

Ghana is widely conceived as a religious country. Religious norms and practices have unsurprisingly gained grounds and in some instances compete with the law . ... Read More

GES, the Law and the Ban on ​Corporal Punishment

GES, the Law and the Ban on ​Corporal Punishment

Selasi Kuwornu- March 11, 2019

The Ghana Education Service (GES) in 2017 officially banned all forms of corporal punishment of children in schools in Ghana as part of efforts aimed ... Read More

The Death of the Statutory  Corporation

The Death of the Statutory Corporation

Kenneth Ghartey- February 28, 2019

The statutory corporation went on quietly to the ancestors without the usual Ghanaian fanfare. There was no one to sing of its former glory at ... Read More

Is a Separated Spouse Entitled to a Share in the Estate of a Deceased Spouse?

Is a Separated Spouse Entitled to a Share in the Estate of a Deceased Spouse?

Samuel Nartey- February 21, 2019

Article 22(1) of the 1992 Constitution of Ghana requires that reasonable provision should be made for surviving spouses out of the estateof a deceased spouse ... Read More

Regulating Related Party Activities in Ghanaian Banking

Regulating Related Party Activities in Ghanaian Banking

Kenneth Ghartey- February 18, 2019

A survey of the reporting of the still on-going issues surrounding the banking sector in Ghana reveals that many of the problems associated with the ... Read More

Customary Grant Will Override a Subsequent Conveyance

Customary Grant Will Override a Subsequent Conveyance

Samuel Nartey- February 14, 2019

The Supreme Court in Adisa Boya v Zenabu Mohammed & Mujeeb  held that writing is not a sine qua non to a customary grant in land ... Read More

When Changing Your Mind Means Nothing

When Changing Your Mind Means Nothing

Selasi Kuwornu- February 11, 2019

It has been said that only a fool never changes his mind. However, in our criminal jurisprudence, setting certain actions in motion without completing them ... Read More

Victim-Offender Mediation and the Criminal Justice System

Victim-Offender Mediation and the Criminal Justice System

Prudence Batinge- February 7, 2019

Under the criminal justice system, a crime is regarded as an offence against the state and not the victim.The state steps into the shoes of ... Read More

What Does the Law Say – “Traffic Police: Things to Remember”

What Does the Law Say – “Traffic Police: Things to Remember”

Samuel Nartey- February 4, 2019

A few weeks ago, I saw eleven facts on traffic rules which sought to educate users of the road, particularly drivers. This was virally shared ... Read More

Supreme Court on the Determination of the Value of a Car Under a Comprehensive Insurance Policy

Supreme Court on the Determination of the Value of a Car Under a Comprehensive Insurance Policy

Samuel Nartey- January 31, 2019

The Supreme Court by majority decision has held that an insured party is entitled to determine the value of his insured car and that the ... Read More

Is an Unsigned Arbitration Agreement Valid?

Is an Unsigned Arbitration Agreement Valid?

Samuel Alesu-Dordzi- January 28, 2019

The Supreme Court of India, late last year,  in M/s Caravel Shipping Services Private Limited v M/s Premier Sea Foods Exim Private Limitedheld that an unsigned arbitration ... Read More

Finders Not Keepers: The Ownership of Minerals in Ghana

Finders Not Keepers: The Ownership of Minerals in Ghana

Selasi Kuwornu- January 24, 2019

Consider a scenario where you discover a gold nugget while digging your land for planting. Section 111 of the Minerals and Mining Act, 2006 (Act ... Read More