1.Introduction Parties go to court because they are unable to settle their disputes amicably. The rules of court have been enacted to provide an avenue for parties to settle their disputes amicably, effectively and efficiently. It is trite that after pleadings are closed the originator of the action, commonly referred to as the Plaintiff, is...
Author: Bobby Banson (Bobby Banson)
In the Matter of Abena Ackah v Agricultural Development Bank: Has the Supreme Court Given to Caesar What Belongs to God?
1.Introduction The dichotomy between the Church and the State was epitomized in the words of Jesus Christ in the following text which is found in the book of Mark Chapter 12[1]: “Later they sent some of the Pharisees and Herodians to Jesus to catch him in his words.[2] They came to him and said, “Teacher,...
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...
In Pursuit of Justice: What if the Son of Man Has Nowhere to Lay His Head?
1.Introduction It is the dream of every Government for every citizen of that country to have a home or a job. Having a home or a job means that you will either have a residential address or an occupational address. The situation of men being homeless is unfortunately not a new development. Even the Lord...
Tracing and Recovery of Assets in Ghana: Has Ghana’s Supreme Court Laid Down A New Standard?
The Plaintiff, a bank incorporated in Nigeria, desirous of expanding its business operations in Chad opened an account with Banque Commercial Du Chad (BCC) which is based in Chad. The Plaintiff deposited an amount of $6,000,000 into the account to meet the minimum capital requirement to open a bank in Chad.
Injunctions Pending Appeal: When and How To Invoke The Jurisdiction Of Appellate Courts
1. Introduction Injunction applications are very common before trial courts. In litigation over land, the Plaintiff often files an injunction application almost at the same time that she files the Writ of Summons and Statement of Claim. The High Court’s jurisdiction to entertain injunction applications pending the final determination of a matter raises is without...
7 Point Advice to Newly Called Lawyers
I must begin by congratulating my soon to be colleagues who will be called to the Bar. As a fellow junior member at the bar, I pray that you will take these words as my infantile advice to you. I can only imagine the joy and the pride that most of you felt when the...
Meeting High Revenue Targets: A Tale of Nothingness and the GRA’s Rush for Fool’s Gold
A. Introduction Every Country survives on taxes. Every person (natural or artificial) is obliged to pay tax on his taxable income or revenue. All across the world, Revenue Authorities have often been entrusted with wide powers for the sole purpose of ensuring that as much revenue is collected on the State’s behalf as is possible....
Of Roots and Branches: The Curious Case of Order 81
Introduction “If your knowledge of substantive law is brilliant and you have no knowledge of the rules of Court then you cannot be a “proper” lawyer.” These were the words of Justice Anin Yeboah of the Supreme Court of Ghana when I first met him sometime in 2009. In his estimation, and like those of...
The Intra-Regional Jurisdiction of the High Court
Background I want to set the tone of this paper with this hypothetical situation. The Plaintiff is a limited liability company with its registered address and place of business in Tema in the Greater Accra Region. The Defendant is also a limited liability company with its registered address and place of business in Tema in...