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

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 ruled in legion of decided cases that any slip, mistake in any rules of procedure in civil litigation should be regarded as an irregularity but cannot nullify proceedings. In view […]

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

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 in Ghana shall be registered with the Lands Commission. Thus, if documents which have been stamped are in relation to immovable properties, then they must as of necessity be registered […]

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

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 facilities to Customers. Credit Facilities come in several forms/types ranging from Contingent Liabilities (Bid Guarantees, Bank Guarantees, Performance Guarantees, Advanced Payment Guarantees, and Retention Guarantees), to Loans, Overdrafts, Finance Lease, […]

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Equitable Remedy of Norwich Pharmacal Order: Unmasking the Masked

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 newly wedded couple was the common law and equity. So important was their holy solemnization that it took a statute (i.e. the Judicature Act of 1873-1875) to tie them down […]

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

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 child and also from husband and wife. The issue of whether the transfer of the property was to be construed as a gift or as a resulting trust is a […]

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Evolving African Philosophy of Law Overshadowed by Western Principles

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 principles. This opinion is buttressed by the fact that African legal philosophy generally lacks formal recognition in our legal system. In proof of this assertion, the discussion will be broken […]

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

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 in general. The case was Abotche Kponuglo and Others v. Adja Kodadja[i](known in our law reports simply as: Kponuglo v. Kodadja and in this article as ‘the Kodadja case’). The ratio of […]

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

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, the fourth edition of the GIMPA Law and Ethics Web series on the theme: International Trade and Investment Relations after the Pandemic: Africa Rising? This session was moderated by Professor Richard Frimpong […]

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

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 stated under section 96(7) of Act 30 as amended by section 7 of the Criminal Procedure Code (Amendment Act, 2002 (Act 633) and as further amended by section 41(1) (a) […]

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

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. It will move on to discuss the doctrine of restitution under constitutional illegal contracts and conclude the two-part article. Forum for Resolving Unconstitutional Contracts The choice of forum for hearing […]

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

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[1]. Thus, a contract entered into by a party contrary to law or performed contrary to law is an illegal contract.  The distinguished law teacher, Dowouna-Hammond, defines illegal contracts as contracts whose “formation […]

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Covid-19 And New Crime Trends

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 Zoom, the third edition of the GIMPA Law and Ethics Web Series on the theme: ‘COVID-19 and New Crime Trends’. This session was moderated by Mrs. Maame Yaa Akyiaa Barnes, […]

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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

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 construction of statutes as: “…..The judges ought not to go by the letter of the statute. They ought to by the spirit of it. As to what is meant by […]

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Is Akrong vrs. Bulley Still Good Law?

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 plaintiff of his or her locus.  For many years, the law as established in the case of Akrong & Another vrs. Bulley (infra) had been that a plaintiff who issued a […]

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

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 the person against whom it is made. This other person may be the defendant, the respondent or an interested party in the case. It is this reason which, perhaps, makes […]

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

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 a beginner in Law, this topic gave me a serious headache which I visualized about it for long until the Salvation Golden Book (READING THE LAW) written by Benjamin T. […]

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

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 as an exception to this. There has been the need to activate and make laws with some speed in this regard. Quintessential of such laws newly made is the Imposition […]

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

May 25, 2020

I.Introduction On 13th May 2020, in the case of Ayine v. Attorney-General[1], Ghana’s Supreme Court, by a 5-2 majority decision upheld the constitutionality of the appointment of 66-year old Martin Alamisi Burns Kaiser Amidu as the Special Prosecutor (the “SP”) under section 13 of the Office of the Special Prosecutor Act, 2017 (Act 959) (the “OSP” Act).  The Court used […]

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

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 is served on a Defendant, the next step is for the Defendant to enter an appearance to the suit either by himself or through an appointed lawyer. The Defendant, after […]

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

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 dispute is seen in the Bible in Genesis Chapter 13 versus 5-8 where a dispute arose between Abram and Lot over who should occupy the land which they found themselves […]

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

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 in Banjul, The Gambia, and a former Lecturer and Head of the Public Law Department at the GIMPA Faculty of Law, delivered via Zoom, the second edition of the GIMPA […]

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

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 of Law, delivered via Zoom, the first edition of the GIMPA Law and Ethics Web Series on the theme: ‘COVID-19, Legal Practice and its Implications for Judicial Decision Making’. This […]

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Dismantling the Retirement Age Architecture

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 of the Special Prosecutor even though the mandatory retiring age from the public service is 60. It is good that this matter, albeit delayed, has ended. In a constitutional democracy, […]

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A Secretary’s Guidelines for Board Meetings

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 are the Annual General Meetings (“AGM”) and the Board of Directors Meetings (“Board Meetings”).  Concerning the time interval for having an AGM, it should not be more than fifteen (“15”) […]

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A Practical Approach to Acquiring Shares in a Company

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 (shares) or debt (loans). If the investment is acquired in a form of a debt, then the company may enter into debt arrangement with a financial institution on the amount […]

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

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 practice, even as he serves in the country in the diaspora. The quality of research and the depth of knowledge exhibited by the Learned Judge in his writings make it […]

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

May 8, 2020

The Facts of the Case In the case of Hayford Ofosu Amaning v. The Republic[i], the High Court had tried summarily an accused person who was charged with robbery and attempted murder. The accused was convicted on both counts and sentenced to a term of twenty-five years. The sentences were to run concurrently. Consequently, the accused […]

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

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 a job means that you will either have a residential address or an occupational address. The situation of men being homeless is unfortunately not a new development. Even the Lord […]

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Theophilus Donkor v Attorney-General: The Road Not Taken

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 kind of authorisation that is required to enable our clients conduct their business transactions lawfully. For instance, as part of its measures to ensure compliance with regular prudential requirements amid […]

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The Abandoned Jurisdiction of The Supreme Court

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 can find its way to the Supreme Court to be determined on appeal for the first time. Maybe, it might further surprise you to know that the President can ‘cede’ his […]

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

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 point. Technology has paved the way for lawyers to work remotely from home amidst the covid-19 pandemic.  Technology has enabled lawyers to communicate with clients from home through emails, teleconferencing, videoconferencing, […]

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

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 is based in Chad. The Plaintiff deposited an amount of $6,000,000 into the account to meet the minimum capital requirement to open a bank in Chad.

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The complexity of Succession in Some Ghanaian Communities & Historical Accounts

April 24, 2020

Introduction Succession is an integral part of customary law and since customary law is part of the laws of Ghana[i] and for that matter the Ghana Legal System; a clearer understanding of the subject of succession will no doubt be of great importance to the practitioners and students of the legal profession. Over the years, there […]

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

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 handle of the president, pleading among other things, the need for the ban on travel to be lifted, so that he can return to Ghana. This raised a constitutional debate […]

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

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 of Ghana under the Imposition of Restriction Act, 2020[1] restricted the movements of persons in the Greater Accra Metropolitan Area and the Greater Kumasi Metropolitan Area for a period of fourteen […]

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

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 Act, 2020 (Act 1012). Many planned events, both public and private, have been cancelled or indefinitely suspended. The National Identification Authority has had to suspend its mass registration exercise. This […]

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The Chancellor & Equity – Epitome of Christ & the Grace

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 the striking similarities and parallels that exist between Christ’s ministry and the legal profession. Maybe, you did not know that Christ was a ‘lawyer’ when he was on earth? He […]

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

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 should it be impossible for presidential elections to be held within the time stated in the 1992 constitution. In early March, the World Health Organization declared Covid-19 as a pandemic. Within […]

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

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 has been recognized as a fundamental human right in a number of regional and international instruments. The telescope will be thrown at various jurisdictions to see how they have extended […]

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

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 of drugs’ in Ghana and the circulation of information by well-known personalities which has the effect of derailing the work of public health officials in Ghana.  Celebrities in Ghana in […]

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

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 of member states, then the Singapore Convention has come to save the hurdles of enforcing international settlement agreements resulting from Mediation.

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The Uniqueness Of Jurat Required For Illiterate Testators

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 of true justice? What crime did I commit to deserve such an unfair judgment? Do I curse my parents for the deficiency in my education or blame the custodians of […]

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

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 of citizens and states alike. Governments everywhere are under pressure to respond to protect and save lives and avert social and economic catastrophe. The Government of Ghana is no exception. […]

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Constitutional interpretation – An uneasy task: Article 88 in perspective

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 & 5. Like King Rex[i] in his zeal to transform the law, the Supreme Court continues ‘to make itself clearer in both directions’. In this article, the writer will endeavour to […]

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

March 16, 2020

“Having sued the 2nd Respondent in the substantive application, is Mr. Zwennes [a lawyer] saying that he must, as a solicitor for the 2nd Respondent, be also permitted to enter an appearance and defend the 2nd Respondent in the same suit?”, a commercial high court judge quizzed in a recent dispute over who was entitled to represent a […]

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A Secular State and the National Cathedral

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 Iran, the religious societies have so much power that it cannot be contended – to the extent that they look to exercise power as a separate arm of government.  Although Ghana’s […]

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

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 illegal means.The Black’s Law Dictionary1 defines money laundering as the act of transferring illegally obtained money through legitimate people and/or accounts so that its original source cannot be traced. The Anti-Money Laundering Act2 provides […]

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

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 the entertainment industry- especially Wendy Shay. The source of the running battle lies squarely with the Food and Drugs Authority’s “Guidelines for the Advertisement of foods (1st February 2016).” First, lets […]

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Raising Points of Law for the First Time on Appeal

February 17, 2020

The Supreme Court in Victoria Annang v Emoho & 4 Ors[1] has held that subject to a few exceptions, a party cannot raise a point of law for the first time on appeal. This case concerned parties to a lease agreement. The Plaintiff, granted a lease to S. Under the agreement, S was supposed to obtain the […]

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Constructive Dismissal: What It Actually Means Under The Ghanaian Law

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 contract of employment legally binds an employer and employee and it is expected that both parties go by the terms of the contract. Many employers sometimes go contrary to the […]

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

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 and dispute resolution clauses (arbitration agreements) which are expressly set out in the contract. For example, Article 24 of the Petroleum Agreement between the Government of the Republic of Ghana, Ghana National Petroleum Corporation, Tullow Ghana Limited, […]

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Key Tax Developments in 2019

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 the Income Tax Act, 2015 (Act 896)), there have been many amendments in the subsequent years. This article focuses on the key tax developments in 2019, which includes amendments to the tax laws in the second half of 2018, which applied through the 2019 assessment year, and amendments in 2019, which are intended to take effect in 2020.

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2019 In Employment Law

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 Supreme Court in Atuahene v Ghana Cocoa Marketing Board[1] set out the circumstances under which a redundancy or severance pay becomes payable under Ghanaian law. The main issue in this case was […]

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

January 13, 2020

Introduction  Aviation [1] plays a vital role in facilitating economic growth, global connectivity, business and tourism  in developing countries like Ghana. The burgeoning demand for air transport has increased steadily over the years. Statistically1, the number of airline passengers have grown by 45% over the last decade and have more than doubled since the mid-1980s. Additionally, freight […]

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Farewell to Chief Justice Sophia AKuffo

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 to leave as 20 December also is her birthday. She has had a stellar career and has been blessed with the fortune of serving with the African Court on Human […]

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Goodbye to Her Ladyship Chief Justice Sophia Abena Boafoa Akuffo

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 Justice under Ghana’s 4th Republican Constitution.  Quite unfortunately, there seems to be a growing notion that Her Ladyship the Chief Justice has not acquitted herself well as the Chief Justice. But […]

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The African Continental Free Trade Agreement-What It Means.

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 July this year, Ghana won the bid to host the secretariat by edging out Egypt, Eswatini, Ethiopia, Kenya, Madagascar and Senegal.[i] Consequent upon Ghana being selected to host the AfCFTA secretariat, […]

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

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 time that she files the Writ of Summons and Statement of Claim.  The High Court’s jurisdiction to entertain injunction applications pending the final determination of a matter raises is without […]

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GLH World Case Basket

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 to launch the “World Case Basket.” The first of this “World Case Basket” focuses on decisions from South Africa, the United Kingdom, Kenya, Canada and the Judicial Committee of the […]

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

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 out of time. In the words of the High Court, “there is nothing ingenious in not looking at the statute of limitation before bringing this action.” The Claimant alleged that […]

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After Elections: Who Stays And Who leaves?

November 11, 2019

The Supreme Court has in the case of Theophilus Donkor v. The Attorney General[1] shorn the light on the controversial question of the category of officeholders who get to stay in office and those who are required to leave when a new government is elected. In summary, the court recognized that the answer to the question […]

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Reports of Commissions of Inquiry And The White Paper

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, functions, and duties Commissions of Inquiries is regulated by Chapter 23 of the 1992 Constitution.[1]  Article 278(1) provides that Subject to Article 5 of this Constitution, the President shall, by constitutional instrument, […]

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

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. In sum, it was a union of necessity. GoG needed someone to fix its power barge. And the Balkan sisters (BEG and BEC) came over to help. The relationship was […]

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

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 could not sustain power generation. The Ghanaian government had to find other means of generating electricity to cater for domestic and industrial needs. The Government had a number of ideas. […]

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

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 in competition with, whether the advertisement imitates other advertisements and whether the claims made in the advertisement are complete, truthful and substantiated.[1] It is also worth mentioning that the Guidelines require advertisements for […]

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

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 and approved by the FDA;” even on billboards  all around town and in the print media, this statement is present. Here’s the thing you should note: it’s not all advertisements that […]

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Of Opening Up Legal Education In Ghana

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 turn themselves into lawyers if they want to.” If you’re wondering, that’s Justice Sophia Akuffo, Chief Justice of the Republic of Ghana. The same Chief Justice who reintroduced the wearing […]

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Overtime work, Its Remuneration, and Its Tax Implication

October 14, 2019

1. Introduction  Overtime is defined as “time worked in addition to one’s normal working hours.[i]” The International Labour Organisation (the “ILO”), whose mandate is to promote rights at work, enhance social protection, and strengthen dialogue on work-related issues; by setting international labour standards, developing policies and devising programmes to promote decent work; has set out some […]

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Remembering Mr.​ Justice Anthony Yeboah

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 – Justice Anthony Yeboah. I have appeared before him on several occasions. And I have since spoken to others who have appeared before him. And they are all unanimous on […]

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7 Point Advice to Newly Called Lawyers

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, I pray that you will take these words as my infantile advice to you.  I can only imagine the joy and the pride that most of you felt when the […]

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

September 30, 2019

Folklore according to the Copyright Act, 2005 (Act 690)[1], means, “the literary, artistic and scientific expressions belonging to the cultural heritage of Ghana which are created, preserved and developed by ethnic communities of Ghana or by an unidentified Ghanaian author, and includes kente and adinkra designs, where the author of the designs is not known, […]

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Legal Profession 1 – 1 Revenue Authority

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 met with mixed results. Take the recent Supreme Court decision in CJEUL v the Ghana Revenue Authority & Attorney-General[1] as an example. The Plaintiff, a non-governmental organisation, brought an application challenging […]

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Brief Overview of Ghana’s Advertising Council Bill

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 of the advertisement for popular brands, just like Miriam, the little girl in my school who did a very popular advert for one of the milk brands, and became a […]

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

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 Assessment unless that person is granted an exemption under the law. In the case of individuals and partners in the partnership, their year of assessment is from the 1st January […]

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

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 by the Commissioner-General. These customers wonder whether or not the Commissioner-General or anybody authorized by him has the power to garnish their account without prior notice to them or a […]

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

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 wrongful acts committed against another state or an international legal person. To be liable under this body of rules, it must be shown that the impugned acts are (a) attributable […]

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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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