Abstract The doctrine of proprietary estoppel is based on reliance by the claimant on representations or encouragement from the legal owner of the land. It serves as a shield for the claimant because of these representations or assurances. In such cases, the legal owner may lose their interest in the land if it is well...
Introduction A brief discussion on the origin of the term ‘locus standi’ or simply standing will be very useful to readers for the purpose of better clarity of the article. Origin of the doctrine In England, during the 19th century, courts were reluctant to allow anyone gain entry into its sanctuary unless he is a...
“On principle of public policy nobody should be allowed to take advantage of his own wrong.”[1] Introduction With this doctrine the decision in Bodner v Banque Pariba[2] comes to mind. The court held thus: “’Federal courts have found the statute of limitations must accrue from the date of the last wrongful act where there is...
Introduction Summary judgment is one given in favour of a plaintiff without a plenary trial of the action. The normal steps of filing all necessary pleadings, hearing evidence of witnesses and addresses by counsel thereafter before the court’s judgment are not followed. The materials on which such is based are the writ of summons, statement...
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 on the inability of a respondent to the application to file appearance or defence within the statutory periods set down by the rules.[1]This can be argued that a default judgment...
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 cause of action against a defendant is entitled to pursue his remedy against that defendant and cannot be compelled to proceed against other persons whom he has no desire to...
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 will lead to an appeal being allowed. The grounds of appeal are the alleged errors of law or fact constituting the defects in the judgment and which are relied on...
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 death, nothing more uncertain than the time of dying.”[1] Who are an executor and an administrator? The Wills Act, 1971 (Act 360) does not define who an executor is or...
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 author defined negligence as: “Negligence as a tort is the breach of a legal duty to take care which results in damage, undesired by the defendant, to the plaintiff. Thus...
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 in Ghana.” These include the rules of customary law that have been determined by the Superior Courts of Judicature. Customary law therefore, is now part of the common law of...