On 23rd September 2017, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) will deliver its judgment in the Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire)[1]. Hearings in respect of the substantive matter commenced on 6 February 2017 and...
Year: 2017
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2017
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September 17, 2017July 24, 2025Arbitration, Book Review
Book Review: The Government of Ghana and International Arbitration
Professor Richard Frimpong Oppong of the Faculty of Law of Thompson Rivers University deserves commendation for adding on to the Ghanaian literature on arbitration. In his work “The Government of Ghana and International Arbitration”, he examines, in a deliberate and painstaking manner, a number of arbitral claims and awards made against the Government of Ghana....
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September 5, 2017July 24, 2025Case Summaries, Constitutional Law
Ghana’s Supreme Court Pronounces on Political Rights of Civil Servants
The Supreme Court of Ghana in the case of Civil and Local Government Staff Association of Ghana v. the Attorney-General & 2 Others[1] has held that a member of the civil service or local government cannot contest for elections, other than local government elections, or hold a political party position. In the unanimous view of...
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August 15, 2017July 24, 2025Case Summaries, Commercial Law
Thinking of Rejecting? Then Do It Quick!
Have you bought an item recently? Is it giving you trouble? Are you still holding on to it? Probably hoping that it may get better? Really? Well, the Supreme Court has news for you. Reject it as soon as you can. On 27th July 2017, the Supreme Court in the recent case of Pyne Associates...
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August 9, 2017July 24, 2025Case Summaries, Labour
Supreme Court Declares: Labour Act Cannot Oust High Court Jurisdiction
On 26 July 2017, the Supreme Court ruled that the High Court has concurrent jurisdiction with the Labour Commission in hearing cases of unfair termination of employment[1]. This also means that the High Court, just as the Labour Commission, is able to order the reinstatement of an employee (a remedy which previously was said to...
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August 4, 2017July 24, 2025Case Summaries, Constitutional Law
High Court quashes Deportation Order by Minister of Interior
An Accra High Court, on Monday 31 July 2017, declared the deportation of an Indian national by the Ministry of Interior and the Immigration Service as unlawful[1]. In the court’s view, the deportation “was, without a doubt, hasty and unreasonable.” on 1 June 2017, the Ghana Immigration Service arrested the Applicant (an Indian National). He...
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July 23, 2017July 24, 2025Civil Procedure, I.C.T, Telecommunication and Media
High Court grants Application for Substituted Service via Facebook
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...