An Accra High Court in the case of IFS Financial Services Limited v Jonathan Mensah & Anor[1] has allowed the social media network, Facebook, to be used to notify a defendant of a civil suit after several failed attempts at serving the court processes on him personally. The High Court judge, Justice Sophia Bernasko-Essah in...
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July 19, 2017July 24, 2025CATEGORIES, Constitutional Law
Making Things Anew: A Review of The Supreme Court’s Approach To Constitutional Infractions
In the well known case of Marbury v Madison[1], Chief Justice Marshall counsels: “certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void”....
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July 15, 2017July 24, 2025Case Summaries, Constitutional Law
Parliamentary Approval is Required for the Termination of Agreements with Government – Discuss
A lot of ink has been spilt on parliamentary approval of agreements with the Government of Ghana in recent times. Rafts of Supreme Court decisions exist setting aside agreements entered into by foreign persons (natural and juridical) with the government of Ghana. The reason? – these agreements lacked parliamentary approval. Foreign investors entering into agreements...
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July 9, 2017July 24, 2025Civil Procedure
Why entry of Conditional Appearance (without more) will not do!
The High Court (Civil Procedure) Rules 2004 (C.I 47) require a person against whom a writ of summons has been issued to file a notice of appearance in person or through a lawyer within 8 days. The appearance may be conditional or unconditional. Some lawyers are however in the habit of entering conditional appearance anytime...
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July 5, 2017July 24, 2025Civil Procedure
Order 2 rule 4 (2): Some rules may not be handmaidens after all!
Most litigators know this. The rules of court are simply handmaidens and not mistresses. Whiles this statement may be true to a large extent, the Supreme Court in Standard Bank Offshore Trust Company Limited (Substituted by Dominion Corporate Trustees Limited) v. National Investment Bank and 2 Ors[1] has said that some rules of procedure may...
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July 1, 2017July 24, 2025Family Law
Overview: Distribution Of Marital Property In Ghana
Who gets what in divorce battles can be one of the most difficult decisions a judge will have to make. These proceedings tend to be acrimonious, as each spouse is bent on benefitting as much as possible from the property distribution to be made by the court. But the bases for such distributions have varied...