Brief Note on Customary Divorce

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 enactments like the Matrimonial Causes Act, 1971 (Act 367), Wills Act, 1971 (Act 360)3, Criminal Offences Act, 1960 (Act 29)4 and the Intestate Succession Act, 1985 (PNDCL 111) do not discriminate against spouses under either type of marriage. It is my opinion that when it comes to the dissolution of marriages (divorce), […]

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Enforcement Procedure of a Registered Charge Under Ghanaian Law

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 disclosure of information on lending and borrowing, and also promote a consistent loan recovery and enforcement system by lenders. To this end, the Collateral Registry was established by Act 773 […]

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Can a person benefit twice under the Intestate Succession Act?

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 The Estate of Rudolph Kofi Mensah (Deceased))[1], held that it is possible for a child of a deceased Ewe to benefit twice under the Intestate Succession Act, 1989, (PNDCL 111). […]

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

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 the Secretariat of the African Continental Free Trade Area (“AfCFTA Secretariat”). The AfCFTA Secretariat is the institution charged with providing administrative support for the implementation of the AfCFTA Agreement.   The […]

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Foetus’ Right to Protection: Comparing Abortion to Homicide

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[1], the Supreme Court held that persons are both natural and artificial persons, i.e., human beings and body corporates respectively[2]. In line with this, section 66(1) of Act 29 specifies that, “in order […]

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Recent Supreme Court Directions on Drafting of Grounds of Appeal

July 1, 2019

The Supreme Court in the recent case of Atuguba & Associates v Scipion Capital (UK) & Anor[1] has given some directions on the drafting of grounds of appeal. The court considered the directions necessary as “it has long been the practice among some legal practitioners to shirk the responsibilities imposed on them to formulate specific […]

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Mental Health and Criminal Law in Ghana

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 the youth. Mental health encompasses the emotional and psychological wellbeing of a person. In Ghanaian criminal legislation, there are offences that border on the affected mental health of accused persons at […]

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

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 leadership of Ghana’s first President, Dr. Kwame Nkrumah, the Organization of African Unity, now the African Union (AU), conceived an African Common Market program. According to Dr. Kwame Nkrumah, it […]

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Local Content and Local Participation in Ghana’s Power Sector

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 local content and local participation regulations in the upstream oil and gas sector were introduced, as well as in the electricity supply industry in 2017[1].  The Energy Commission (Local Content […]

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The Tax Implications of Failing to Register a Technology Transfer Agreement

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 framework for the regulation of Technology Transfer Agreements (“TTA”). A TTA is an agreement between a foreign entity and a Ghanaian entity for a term of not less than 18 […]

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

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 look at the differences between a dismissal (simpliciter) and summary dismissal. The author also considered the differences between unlawful dismissal and wrongful dismissal.  The second part of this article examines […]

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The Implications of Lost or Missing Record of Proceedings

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 (b) the decision of the Court of Appeal dismissing his appeal before them on grounds, among others that, the record of appeal from the trial High Court produced by the […]

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

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, and unlawful termination. You will find litigants arguing in one form or the other that they have been dismissed, summarily dismissed, wrongfully dismissed, wrongfully terminated, or unlawfully terminated.  This often […]

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Trademarking Lessons From Patapaa’s “Skopatumana”

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 once again dividing opinions. Patapaa’s contribution to the song goes like this: Till patu pataa/ Skoska to mana / Till da po dada / Sko pa ta mana / Filo […]

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Refresher On Unfair Termination and Unlawful/Wrongful Termination

May 6, 2019

The recent Supreme Court decision of Charles Afran & Ors v SG-SSB Limited[1] has thrown into sharp focus the need to bear in mind the distinction between “unfair termination” and “unlawful/wrongful termination” under Ghanaian law.  The Plaintiff in this case was dismissed for failing to verify some cheques. The Plaintiff’s failure led the employer to […]

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

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 outlined in Act 29 have some intrinsic inadequacies. The gaps in their definitions present a challenge for successful prosecution of such crimes. Chapter six of the Criminal Offences Act, 1960 […]

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Right to Privacy in Criminal Matters

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 interference with the privacy of his home, property, correspondence or communication except with law and as may be necessary in a free and democratic society for public safety or for […]

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Powers of The Court Over Unmoved Applications

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 moved. In The Republic v Court of Appeal, Ex Parte: Eastern Alloys Company Limited[1], the applicant invoked the supervisory jurisdiction of the Supreme Court seeking both certiorari and mandamus to issue against […]

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

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 power to create mass production. The third used electronics and information technology to automate production and now we are witnessing the Fourth industrial revolution-a buildup or an extension of the […]

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Ghana’s 2000 Banks Collapse (Part 2)

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 owed to the customers, workers and other debtors. But there was a problem. The assets of these two banks were not enough to take care of the deposits of the […]

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Ghana’s 2000 Banks Collapse (Part 1)

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 banking licences of seven indigenous banks will be on the minds of many for some time to come.  In the midst of the current bank collapses, you would think this is […]

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Generic Names Not Brand Names

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 possible product, considerable effort is put into building the brand. An integral part of this process is choosing a ‘sign’, or ‘mark’ by which the product the product will be […]

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

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 . One such instance is in the area of inheritance. But the Supreme Court of Ghana has held in  Abdul Rahman Osumanu Giwah, Alhaji Ali Adamu Giwah and Hajia Fatima Alhassan Giwah […]

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GES, the Law and the Ban on ​Corporal Punishment

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 at promoting a safe and protective learning environment for children.[1]The GES directed in January 2019 that a Positive Discipline Toolkit which gives alternatives to corporal punishments be adopted by all […]

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The Death of the Statutory Corporation

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 its funeral. No one shed a tear for it. No sooner was it covered by the last shovel of earth was it forgotten and confined to neglected history.  It is like […]

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

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 estate[i]of a deceased spouse whether or not the deceased spouse died having made a will. Consequently, the Supreme Court in Akua Marfoa v Margaret Agyeiwaa[ii] held that reasonable provision should be made from the estate of […]

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Regulating Related Party Activities in Ghanaian Banking

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 banking sector have been attributed to ‘weak corporate governance’[1]. A careful examination of the facts surrounding the collapse of the seven banks over the last two years shows that at […]

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Customary Grant Will Override a Subsequent Conveyance

February 14, 2019

The Supreme Court in Adisa Boya v Zenabu Mohammed & Mujeeb[i]  held that writing is not a sine qua non to a customary grant in land transactions. Thus, a conveyance [indenture] only adds to a customary grant and its absence does not render a prior grant made under customary law invalid. Consequently, where a party is […]

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When Changing Your Mind Means Nothing

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 may constitute an offence regardless of the change of mind. These offences are referred to as inchoate offences. This means that a full-blown offence does not need to have been […]

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Victim-Offender Mediation and the Criminal Justice System

February 7, 2019

Under the criminal justice system, a crime is regarded as an offence against the state and not the victim.[1]The state steps into the shoes of the victim and prosecutes the offender. In the end, the state focuses on punishing the offender to either pay a fine to the state or commit the offender to a […]

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

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 on social media platforms and had no source. In this article I will attempt to correct the position of the law as it applies in Ghana with particular reference to […]

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

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 value although not being the actual value of the car will not render void the insurance contract. This is because the value determined by the insured party will not be […]

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Is an Unsigned Arbitration Agreement Valid?

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 Limited[1]held that an unsigned arbitration agreement is valid and good in law. In the view of the Indian Supreme Court, all that was required under the law is that the arbitration agreement is in writing. […]

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Finders Not Keepers: The Ownership of Minerals in Ghana

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 703) defines “mineral” as a substance in solid or liquid form that occurs naturally in or on the earth, or on or under the seabed, formed by or subject to geological […]

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