Author: Derick Adu-Gyamfi

Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana

Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana

Derick Adu-Gyamfi- January 30, 2022

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.

Arguing Points of Law Under The Omnibus Ground Of Appeal: The Decision in Owusu Domena v Amoah Revisited.

Derick Adu-Gyamfi- November 4, 2021

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

The Bolam Test: An Unfair Decision in the Torts of Professional Negligence.

The Bolam Test: An Unfair Decision in the Torts of Professional Negligence.

Derick Adu-Gyamfi- April 6, 2021

Introduction In his book, Winfield and Jolowicz on Torts, by Rogers W.V.H 13th edition, Sweet and Maxwell, the learned author defined negligence as: “Negligence as ... Read More

Can a Concubinage Relationship be Equated to a Valid Customary Marriage? The Decision in Mintah v Ampeyin in Retrospect.

Can a Concubinage Relationship be Equated to a Valid Customary Marriage? The Decision in Mintah v Ampeyin in Retrospect.

Derick Adu-Gyamfi- July 27, 2020

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

Order 81 of the High Court (Civil Procedure) Rules, 2004 (CI 47); A Fetish in Civil Procedure Practice

Derick Adu-Gyamfi- July 2, 2020

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)

Presumption of Advancement: A Legal Anachronism (Husband And Wife)

Derick Adu-Gyamfi- June 18, 2020

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

The Grant of Bail: The Novel Decision in Martin Kpebu (No.2) v Attorney-General (No.2) in the Ghanaian Criminal Law Jurisprudence

Derick Adu-Gyamfi- June 7, 2020

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

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

Derick Adu-Gyamfi- June 1, 2020

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