“When the ghosts from the past stand in the path of justice, clanking their medieval chains, the proper course of the judge is to pass through them undeterred.” Lord Atkin in United Australia Limited v Barclays Bank Limited [1941] A.C 1 INTRODUCTION Justice Benjamin N Cardozo observed in the case of In Re Rouss[1] that, “Membership...
Author: Frederick Gurah Sampson (Frederick Gurah Sampson)
Ghana Bar Association at the Crossroad; Sankofa! Or Yenkonkoaa! – A Call for Introspection and Retracing
“…. For a very long time, the Ghana Bar Association acted as the conscience of the nation. When they speak, everybody shivers.…In times of challenges and difficulty, the GBA has made its voice heard, offering clarity and direction, shaping the national conversation, and getting the right things done. It is not for nothing that the...
The LEADing Justice Initiative of the Chief Justice – An Innovative Vision Worthy of Support
“It should be emphasized that the judiciary as composed at present, in terms of article 125(1) of the 1992 Constitution, shall “be independent and subject only to [the] Constitution” and is solely vested with judicial power, which is to be exercised by it to the exclusion of all other persons or institutions. To that end,...
Does The General Legal Council Have Jurisdiction Over the Attorney-General?
Article 88 (1) “There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government. (2) The Attorney-General shall discharge such other duties of a legal nature as may be referred or assigned to him by the President, or imposed on him by this Constitution...
The Role of Customary Successor in the Application for Letters of Administration: A Sine Qua Non or A Legal Superfluity?
“In The lifetime of their relative, they cannot vent their spleen on his wife. The opportunity comes when he dies. The poor widow and her children are subjected to a vulgar and humiliating abuse; they are made to pay unreasonable and unjustifiable funeral dues, to incur liabilities in respect of the funeral which can find...
Legal Effect of Service And Pendency of an Application for Injunction in Ghana – Restating the Position!
Dedication The author dedicates this paper to his sister[1], who obtained and graduated with her PhD from Ghana Institute of Management and Public Administration (GIMPA) on 15th December 2023 which date by divine coincidence was her birthday. Congratulations to her are in order and Happy Birthday to you Vivian E. Sampson PhD. Introduction. In civil...
When What Matters Not, Matter! – A Review of the Law on Privacy and Admissibility of Evidence Secretly and Unlawfully Obtained, In Civil Proceedings, Vis-à-Vis Article 18(2) of the 1992 Constitution of Ghana
“It matters not how you get it, if you steal it even, it would be admissible in evidence” Crompton J in R v Leatham (1861) 8 Cox CC 498. Introduction The secret tape of Chief Bugri Naabu,[1] (‘the IGP Konkonsa tape’) with some senior police officers in the Ghana Police Service, relative to the Inspector...
‘Article 71’ Office Holders and Retiring Emoluments, When Ex Gratia Meets Nemo Dat Quod Non Habet, Russia-Ukraine War, and During Debt Exchange – Reflections of a Citizen, Not a Spectator!
When the President, His Excellency Nana Addo Dankwa Akufo-Addo, was sworn into office on 7th January 2017 as President of the Republic of Ghana for his first term, his inaugural address included, inter alia, an invitation to all Ghanaians to be CITIZENS and not spectators. This is what he had to say, “I ask you...
Of Testamentary Freedom Under Ghana Law and The Limitations Thereof – The Case of Man Born Free but Everywhere in Chains?
Photo by Melinda Gimpel on Unsplash It is the Political Philosopher J.J. Rousseau who said “Man is born free but everywhere is in chains.” It is usually said that there is no freedom without limitation. Introduction Under Inheritance law, there are two modes in which property from one person (deceased) can pass to another (Survivor...
Treatment of Shareholders’ Unclaimed Dividends Under the Companies Act 2019, (Act 992) and the Constitutional issue that Arises!
Voice Summary: Introduction Businesses, be it Limited Liability Companies, Sole Proprietorships, Partnerships etc in Ghana like elsewhere exist with the aim of maximizing profit. Shareholders or persons who invest in such businesses by way of shares have an expectation that the company will keep being a going concern, make profit and declare dividends for the...