By: Christine Selikem Lassey (University of Ghana School of Law) This last essay comes on the heels of two others, which sought to explore the specie and terrain concerning negligence claims in this COVID-19 era. The first discussed the liability of medical practitioners during COVID-19 and explored the possibility of immunity while the second essay...
Year: 2020
Understanding the Ghanaian Law on Garnishees (2)
By: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) What happens when the Garnishee pays out the money to the Judgment Creditor pursuant to the Garnishee Order Absolute of the Court? When the Garnishee pays out the money under the Court Order, the Garnishee is discharged from any obligation he...
Understanding the Ghanaian Law on Garnishees (1)
Authors: Frederick Gurah Sampson (Legal Department, Zenith Bank Ghana Limited) & Roselyne Kaledzi (A-Partners@Law) Introduction Parties go to court or resort to any other dispute resolution mechanism (arbitration, mediation etc.) with the hope of getting a favourable determination and enforcing same. When the dispute comes to an end, whether after a full-blown trial, summary, or default...
COVID-19 in Perspective: A Prophecy on the Looming Negligence Claims (2)
By: Christine Selikem Lassey (University of Ghana School of Law) “The rule that you are to love your neighbour becomes in law; you must not injure your neighbor… You must take reasonable care to avoid acts or omissions, which you can reasonably foresee would be likely to injure your neighbor”. (Lord Atkin Donoghue vs. Stevenson [1932]...
COVID-19 in Perspective: A Prophecy On Looming Negligence Claims (1)
By: Christine Selikem Lassey (University of Ghana School of Law) The Coronavirus pandemic has impacted the law and society in many ways. New legal pillars are expected to be constructed on the law’s foundation to accommodate the new societal order. The health sector has been battling to curb the spread of the virus. In so...
Tax Appeals in Ghana: Monetizing the Right to Justice?
1.Introduction “If we never do anything which has been done before, we shall never act anywhere. The law will stand still whilst the rest of the world goes on and that will be bad for both.’’- Lord Denning Nations develop on the payment of taxes by citizens and non-residents who are subject to the payment...
Can a Concubinage Relationship be Equated to a Valid Customary Marriage? The Decision in Mintah v Ampeyin in Retrospect.
Introduction Customary law has been defined under Article 11(3) of the Constitution 1992 as: “Rules of law which by custom are applicable to particular communities in Ghana.” These include the rules of customary law that have been determined by the Superior Courts of Judicature. Customary law therefore, is now part of the common law of...
The Utility of Marriage of Mohammedans Ordinance Under the Current Ghanaian Legal Dispensation
Where the marriage is not registered within the prescribed one week period, or where the attendance of any of the persons whose signature is necessary to complete the registration process cannot be procured, the High Court may extend the time for registration, and/or dispense with the signature of any of the prescribed persons, upon an ex parte application made to that Court.
Powers of Attorney- What Does Ghana Law Say? (2)
Barbara Ewoenam Afua Kukah Esq (Robert Smith and Adelaide Law) 7. Types of Powers of Attorney Act 549 allows for two types of PoA – a general PoA that allows a Donee to deal with all affairs of the Donor without limitation and a limited or special PoA which specifies the ambit or scope of authority/power that the Donor is authorizing...
Powers of Attorney- What Does Ghana Law Say? (1)
Barbara Ewoenam Afua Kukah Esq (Robert Smith and Adelaide Law) 1.Introduction If you’ve ever had to sign legal or financial documents on behalf of a relative or friend or make medical decisions concerning the health of an incapacitated person, likely, you did so as the lawful attorney of that person. The only legal means of...