The lawyering journey starts on the day one is called to the Bar. The day of the Call is therefore an important day in the life of almost every lawyer. The date 2nd October 2015 was the day a certain, otherwise shy, author was called to the Bar after a long journey which commenced in...
Year: 2020
Why Gregory Afoko v Attorney-General Poses a Threat to the Progress Made in Ghana’s Criminal Justice System
By: Seth F.T. Mireku Jnr, Ghana School of Law Introduction It is incontestable that Ghana’s criminal justice system is beleaguered with deficiencies that hinder the smooth, effective and expeditious delivery of justice. These deficiencies include the slow pace of investigations by investigative bodies, the discharge of accused persons for want of prosecution and the logistical...
Matrimonial Jurisdiction of the District Court – Settling the Jurisdictional Controversy.
Introduction Jurisdiction in law is fundamental. It is the power or authority upon which a person or a body acts. Without the requisite jurisdiction, a person, whether natural or juristic, is not clothed with the power to act in a certain manner. It is trite learning that jurisdiction is so fundamental an issue in every...
Performance Bonds – Safe Haven or Myth of Security?
Introduction For many years performance bonds and bank guarantees (“Bonds”) have been an integral part of transactions in the world of commerce and the construction industry. It has been described as the lifeline of international commerce[1] and the bedrock on which large scale transactions rest. It therefore comes as no surprise that just as several...
Stealing from Your Own Company: The Defence of Consent in Criminal Prosecution of Controllers of Collapsed Companies.
1.Introduction It is trite that companies are separate from their shareholders, directors and key management personnel (“controllers”).[1] A company’s property does not belong to its shareholders or directors – even if the company has a single shareholder who is also the sole director.[2] Even though these principles are basic and have been consistently applied by the...
Disposing Biological Property Under the Wills Act of Ghana
By: Albert Mireku Agyepong (Law and Development Associate, Taylor Crabbe Barristers and Solicitors) Introduction Benjamin Franklin once wrote “… in this world nothing can be said to be certain, except death and taxes.” While men have found ways to avoid taxes, a solution to death remains elusive. Another shared feature of death and taxes is stringent regulation...
Need for a month’s notice before issuing writ for legal fees: Protecting the Poor’s Purse or Tyranny of Tradition?
Introduction The Legal Profession Act of 1960 is the main statutory regime regulating the legal profession in Ghana. The Act provides that a lawyer who performs legal services for a client must issue a bill for the fees. The bill must inform the client the amount owed and any other terms and conditions of payment....
Of Gaudy Earrings, Bare Arms and Revealed Cleavage: The Feminine Face of the Ills of the Bar?
Introduction Literature-in-English was my favourite subject in both my O’ and A’ Level classes at St. Monica’s Secondary School in Asante-Mampong. Apart from the richness it added to one’s language, Literature-in-English also gave a vivid historical account of how people lived during various epochs of human civilization. I loved the African Writers Series but Shakespeare...
The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to Rest
All citizens of Ghana have the right and duty at all times to defend the Constitution. Accordingly, Article 2 (1) of the Constitution empowers anyone who “alleges that (a) an enactment or anything contained in or done under the authority of that or any other enactment; or (b) any act or omission of any person;...
Board of Governors, Achimota School vrs Nii Ako Nortei II & 2 Ors: A Case Of Judicial Sympathy Elevated to Principle of Law?
By: Isaac Kwadwo Ankah (Associate, A-Partners@Law) “…The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law” – Anin Yeboah JSC in Amosa (No.1) v Korboe (No.1)[1] In Harley v Ejura Farms (Ghana) Ltd[2] Taylor...