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...
Year: 2017
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...
State Ownership of Minerals in Ghana
Minerals are substances that occur naturally in the Earth’s crust. Minerals therefore form part of the land from which they are exploited. Legally, land includes not only the soil, but everything attached to it, whether attached by the course of nature as trees, herbage and water, or by the hand of man, as buildings and fences.[1]...
Second-hand goods and Implied Condition as to Fitness
The Supreme Court has got buyers of second-hand goods beaming with smiles. The Apex Court on 22 March 2016 in the case of Andreas Bschor GMBH & Co KG v Birim Wood Complex Limited & Another[1] held that the condition as to fitness for purpose implied by the Sale of Goods Act, 1963 (Act 137)...
Pardon me, I have a right to appeal!
On 30 November 2016, the Court of Appeal, Accra in Republic v Tsatsu Tsikata held that the grant of a presidential pardon to a convict did not take away the constitutional right of that convict to appeal against his conviction on its merits. Tsatsu Tsikata, the Appellant, was found guilty of willfully causing financial loss to...
IMO – The App that goes ahead of you
Have you ever started typing a text to someone in the heat of the moment when you’re filled with rage over an issue and you go on a full-blown rant? Then just before you hit send, you get a glimpse of sanity or at least the possible repercussions of sending that message; so in that moment,...