Author: Derick Adu-Gyamfi
Default Judgment and the Doctrine of Estoppel Per Rem Judicata: A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Voice Summary by Author: Introduction Meaning of default judgment Default judgment is a judgment which is not on its merits but a judgment based solely ... Read More
Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana
Introduction It is fundamental in litigation that parties must commence action against relevant parties to the suit. A plaintiff who conceives that he has a ... Read More
Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah Revisited.
Introduction Grounds of appeal are the complaints in a judgment which touch upon issues of fact, law or procedure in a case, which if upheld ... Read More
Has the decision in Adisa Boya v Mohammed (Substituted by) Mohammed & Mujeeb eroded the powers of executors or administrators in the distribution of an estate of a deceased person? Is the decision in Okyere (decd) (substituted by Peprah) v Appenteng & Adomaa still good law?
Introduction This article brings to mind the words of Thomas Paine, when he stated as follows in 1796 “Nothing they say, is more certain than ... Read More
The Bolam Test: An Unfair Decision in the Torts of Professional Negligence.
Photo by Sharon McCutcheon on Unsplash Introduction In his book, Winfield and Jolowicz on Torts, by Rogers W.V.H 13th edition, Sweet and Maxwell, the learned ... Read More
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 ... Read More
Order 81 of the High Court (Civil Procedure) Rules, 2004 (CI 47); A Fetish in Civil Procedure Practice
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 ... Read More
Presumption of Advancement: A Legal Anachronism (Husband And Wife)
Introduction Presumption of advancement is a legal presumption that arises in various forms. It simply means a transfer of property or money from husband and ... Read More
The Grant of Bail: The Novel Decision in Martin Kpebu (No.2) v Attorney-General (No.2) in the Ghanaian Criminal Law Jurisprudence
INTRODUCTION The recent decision of the Supreme Court in Martin Kpebu v Attorney-General has finally settled the law on the grant of bail and other related offences ... Read More
The Meaning Of ‘Judiciary’ in Articles 126(1), 127(4) And (5) Of the Constitution 1992: A Critique of Judicial Service Association Of Ghana v. Attorney-General & Ors
Introduction The venerable Lord Denning in his seminal book, the Closing Chapter, Butterworth’s, 1983 at page 93 on the legislative approach or purposive approach in the ... Read More