Introduction It is common knowledge that capacity is a fundamental legal principle in the commencement of any legal suit, the lack of which strips a plaintiff of his or her locus. For many years, the law as established in the case of Akrong & Another vrs. Bulley (infra) had been that a plaintiff who issued a...
A legal claim, even an incontestable one, will not be noticed by the courts unless or until it is properly brought to the notice of the person against whom it is made. This other person may be the defendant, the respondent or an interested party in the case. It is this reason which, perhaps, makes...
Introduction During my first day in the Law of Contract Class, the caption of this article was given to us as our first assignment. As a beginner in Law, this topic gave me a serious headache which I visualized about it for long until the Salvation Golden Book (READING THE LAW) written by Benjamin T....
In the wake of the COVID-19 pandemic, states have had to resort to all manner of measures in fighting the virus. Ghana does not stand as an exception to this. There has been the need to activate and make laws with some speed in this regard. Quintessential of such laws newly made is the Imposition...
I.Introduction On 13th May 2020, in the case of Ayine v. Attorney-General[1], Ghana’s Supreme Court, by a 5-2 majority decision upheld the constitutionality of the appointment of 66-year old Martin Alamisi Burns Kaiser Amidu as the Special Prosecutor (the “SP”) under section 13 of the Office of the Special Prosecutor Act, 2017 (Act 959) (the “OSP” Act). The Court used...
Must a Defendant Enter Appearance before Bringing an Application Under Order 11 Rule 18? Once a writ of summons with its accompanying statement of claim is served on a Defendant, the next step is for the Defendant to enter an appearance to the suit either by himself or through an appointed lawyer. The Defendant, after...
Introduction Disputes and in effect litigation, are aspects of life that have been in existence since the days of old. The earliest form of a dispute is seen in the Bible in Genesis Chapter 13 versus 5-8 where a dispute arose between Abram and Lot over who should occupy the land which they found themselves...
On Wednesday 13th May 2020, Mr. Edmund A. Foley, the Director of Programs at the Institute of Human Rights and Development in Africa (IHRDA) located in Banjul, The Gambia, and a former Lecturer and Head of the Public Law Department at the GIMPA Faculty of Law, delivered via Zoom, the second edition of the GIMPA...
On Wednesday 6th May 2020, His Lordship Justice Dennis D. Adjei, Justice of the Court of Appeal of Ghana and Honorific Dean of the GIMPA Faculty of Law, delivered via Zoom, the first edition of the GIMPA Law and Ethics Web Series on the theme: ‘COVID-19, Legal Practice and its Implications for Judicial Decision Making’. This...
The Supreme Court recently decided by a 5-2 majority that the 66-year-old Martin Amidu was eligible to be nominated, vetted and appointed to the office of the Special Prosecutor even though the mandatory retiring age from the public service is 60. It is good that this matter, albeit delayed, has ended. In a constitutional democracy,...