Ex Parte Yvonne Amponsah Brobbey Case: Did the Supreme Court actually shut the door on Civil Proceedings in an intermedelling Case?
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
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?
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?
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 (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
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?
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 : A Laudable Demonstration of Judicial Reasoning by the Supreme Court?”
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.
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!
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?
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)
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
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?
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)
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
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
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)
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
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
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
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?
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
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
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?
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
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.
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
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
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
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?
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
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
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
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
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)
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
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
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
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!
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
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
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
Has the decision in Adisa Boya v Mohammed (Substituted by) Mohammed & Mujeeb eroded the powers of executors or administrators in the distribution of an estate of a deceased person? Is the decision in Okyere (decd) (substituted by Peprah) v Appenteng & Adomaa still good law?
Introduction This article brings to mind the words of Thomas Paine, when he stated as follows in 1796 “Nothing they say, is more certain than ... Read More
Allodial interest under the Land Act, 2020: Some thoughts
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
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
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
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.
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
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
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
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
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
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
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?
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.
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.
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
Where the Law of Immovable Property Met Jurisprudence: Memuna Moudy v Antwi and the Use of Public Policy When Adverse Possession in Compulsorily Acquired Property is Concerned
Abstract Everybody loves the story of the victim, or at least a majority of us. This feature of humans, fueled the backlash that followed the ... Read More
A Message of Hope for the Year 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?
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
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’
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
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
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.
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?
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.
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
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?
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?
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
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?
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)
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)
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)
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)
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)
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?
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.
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
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)
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)
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?
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)
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)
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
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?
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?
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
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
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)
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)
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
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)
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
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
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?
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
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)
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)
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
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
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?
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
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
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
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
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)
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)
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
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
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
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
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
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?
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?
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?
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
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
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
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?
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
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?
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
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
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
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
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?
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
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
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
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?
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
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.
“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
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
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
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
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
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.
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
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
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
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
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
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.
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
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
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
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?
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
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 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)
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)
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)
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
“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
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
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
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.
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
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
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
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
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?
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
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
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?
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?
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
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
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 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?
“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
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 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)
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
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)
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”
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
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
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
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
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?
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)
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 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
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.
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
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 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?
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
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
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
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
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”
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
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?
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
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