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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Nolle Prosequi and Withdrawal

January 21, 2019

Article 88(3) of the 1992 Constitution gives power to the Attorney General to initiate and conduct all prosecutions on behalf of the state. In the conduct of this duty, the Attorney General is given certain powers. Two of such powers are the power of nolle prosequi and withdrawal. This piece looks at how these two […]

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