Introduction One person who has probably litigated more than any other person under the sun is ‘John Doe’. He is indubitably known to the laws of many countries, including civil law jurisdictions; albeit with different identities. Nonetheless, it appears that he has been banned from Ghana. Like the closure of our airports and borders for...
By: Waana-ang Martin, LLB Candidate,Kwame Nkrumah University of Science and Technology The Constitutional Independence of The Office of the Auditor-General and the President’s Disciplinary Control Over The Office It may be recalled that in the second letter from the office of the president to the Auditor-General, dated 3 July, 2020, it was stated that by virtue of...
By: Waana-ang Martin, LLB Candidate, Kwame Nkrumah University of Science and Technology 1.Introduction The recent attempt by the President of the Republic of Ghana to compel the Auditor-General to proceed on an accumulated leave and the growing trend in the exercise of such powers on the leadership of other constitutionally established independent bodies have splintered public opinions. Whilst many Constitutional law experts have attempted to...
Introduction In Samuel M. K. Adrah vs. Electricity Company of Ghana, Ghana’s Court of Appeal laid down the position of the law regarding commuting accrued leave of an employee to cash. It held that by section 31 of the Labour Act 2003 (Act 657), payment of cash in place of leave is void, unless saved...
By Ernest Osei-Afful, Esq.[1] Leave or holidays are part of the compensation package or benefits to which all workers are entitled. Section 20 of the Labour Act, 2003 (Act 651) provides that every worker shall be entitled to leave (minimum of fifteen days per full year). The number of leave days a worker is entitled to, the...
By: John Kwesi Hagan Jnr On Wednesday, March 11, 2020, the Director-General of the World Health Organisation declared the Coronavirus disease (COVID-19) a pandemic[1]. The Minister responsible for Health pursuant to Section 169 of the Public Health Act, 2012[2] declared COVID-19 a public health emergency[3] in Ghana. On Friday, March 13, 2020, the first two cases of...
On Wednesday, 3rd June 2020, Kojo Bentsi-Enchill Esq., Founder and Retired Senior Partner of Bentsi- Enchill, Letsa & Ankomah, delivered via Zoom, the fifth edition of the GIMPA Law and Ethics Web series on the theme: Leveraging COVID-19 to deliver Technology-Based Learning into the Future. This session was moderated by Ms. Joan Selorm Tsorhe, a Lecturer at...
Introduction Rules of court comes within the ambit of subsidiary legislation. Because it is a subsidiary legislation, our courts over the past two decades have ruled in legion of decided cases that any slip, mistake in any rules of procedure in civil litigation should be regarded as an irregularity but cannot nullify proceedings. In view...
Under the Lands Registry In addition to registration under the Companies Act and Borrowers and Lenders Act, any security created over landed or immovable property in Ghana shall be registered with the Lands Commission. Thus, if documents which have been stamped are in relation to immovable properties, then they must as of necessity be registered...
Banks and Specialized Deposit Taking institutions (SDTIs) exist to provide financial solutions to their Customers. In doing so, they largely take deposits and grant credit facilities to Customers. Credit Facilities come in several forms/types ranging from Contingent Liabilities (Bid Guarantees, Bank Guarantees, Performance Guarantees, Advanced Payment Guarantees, and Retention Guarantees), to Loans, Overdrafts, Finance Lease,...