Month: July 2018

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Of Stare Decisis and The Supreme Court of Ghana
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Of Stare Decisis and The Supreme Court of Ghana

Recent decisions of the Supreme Court appear to create more uncertainty about the state of the law than settle the principles of law. As the highest Court of the land whose decisions are binding on all other courts, one would expect that the Supreme Court will be consistent on points of law so as to...

Farewell to Justice William Atuguba
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Farewell to Justice William Atuguba

The name “ATUGUBA” became a household name in Ghana following the 2013 Presidential Election Petition. For those in the legal fraternity, and probably for media practitioners, the name had been a household name for decades prior to the election petition in 2013. The private legal practitioner, Magistrate, Prosecutor, Supreme Court Judge and at some point,...

English Court Rejects Tullow’s Force Majeure Defence to Contract Termination
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English Court Rejects Tullow’s Force Majeure Defence to Contract Termination

The Business and Property Courts of England and Wales in the case of Seadrill Ghana Limited v Tullow Ghana Limited[1]has rejected a force majeure defence advanced by Tullow in response to an unlawful termination of contract claim by Seadrill.  The relevant facts are as follows. Tullow hired from Seadrill a semi-submersible rig (by name West...

Why a Properly Drafted Third Party Guarantee Agreement Matters
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Why a Properly Drafted Third Party Guarantee Agreement Matters

The Supreme Court in Clipper Leasing Corporation vs Attorney General & Ghana Airways in Liquidation[1]has highlighted the need for properly drafted third party guarantee agreements as a means of reducing the risks and losses involved in business.  In this case, the Court had its eye on the risk of insolvency. The Appellant, in this case,...