1.Introduction There is no doubt that in most recent times, the approach of the court in Ghana is to as much as possible, promote alternate means of settling disputes other than by judicial adjudication. Where the Parties have agreed to settle a dispute by arbitration, the courts in Ghana will, unless that agreement is waived...
Photo by Artem Beliaikin on Unsplash 1.Introduction: On the 15th of March 2023, Justice Eric Baah JA, sitting as an additional High Court Judge delivered a judgment in a matter titled Anas Aremeyaw Anas v Kennedy Ohene Agyapong.[1] The Plaintiff in that suit had commenced an action against the Defendant for publishing words which the...
INTRODUCTION When a Party is dissatisfied with a decision of a court, be it a ruling or judgement, that Party may appeal against that decision to a court with competent appellate jurisdiction. The Party who lodges the appeal is called the Appellant, and the Party who responds is the Respondent. Per the rules of court,...
Introduction The word “arbitration” has gained a lot of traction in recent years. It is now “fashionable” or “chique” to incorporate arbitration clauses in all kinds of agreements. Even legislative drafters have caught on to this “new wave” of including arbitration provisions in public legislation. Hence, Acts of Parliament and subsidiary legislation passed in the...
Summary: The author considers the impact of the Supreme Court’s strained and narrow interpretation of the word “judgment” in Article 131 in Owusu v Addo on the pathways for appealing against decisions to the Supreme Court. As the decision provides, special leave is required in appealing against decisions not “judgments” from the Court of Appeal...
1.Introduction Conflict has become accepted as part of human engagements and endeavours. When conflict arises, the disposition of the parties involved in it is to solve it amicably or through the judicial avenues provided for the State. Sometimes, Parties who are engaged in any undertaking may agree that disputes which arise in the course of...
1.Synopsis It isaccepted that there is only one (1) High Court in Ghana but for administrative convenience, the Chief Justice may create different high courts in different parts of the country. . Edward Wiredu J (as he then was) held in the case of Abudulai v. Agyei II and Another[1] that the oneness of the...
1.Introduction A person who holds a property to which he/she does not claim any legal or equitable interest may find himself/herself in a situation where other persons are laying adverse claims/interest to that property. Persons merely in possession of the property (such as tenants) or a Court Registrar/Sheriff (who may have attached the property in...
1.Introduction Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798) (“hereinafter referred to as the ADR Act”), has been hailed by Scholars as very progressive. Dr. Emelia Onyema described the Act as “comprehensive, modern and forward looking and should enhance Ghana’s chances of being chosen by parties as seat of their arbitration references within sub-Sahara Africa[1].”...
1.Introduction These days, the mention of National Security evokes fear and intimidation, to say the least. Media reports abound as to alleged unlawful arrests and detentions of persons and their alleged ordeals in the hands of persons claiming to be National Security Operatives. After the security failure fiasco at Ayawaso West Wagoun Bye-Election, the President...